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(영문) 서울중앙지방법원 2018.08.23 2018고단3657
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 04:03 on May 29, 2018, the Defendant was driving a GNA driver’s vehicle in the direction of the hill history distance, along the two lanes in the direction of the hill history distance, on the three-lane road in front of the Seoul Gangnam-gu Seoul, Seoul.

At the same time, since the vehicle is operated at night and in such a case, the driver of the vehicle had a duty of care to prevent accidents and safely drive the vehicle by accurately manipulating the front door, the left and right, and the steering system.

Nevertheless, the defendant neglected this and proceeded along three-lanes in drinking.

H had an Ik5 taxi driving, but the vehicle was changed from the two lanes to the three-lanes as is, and the defendant was the front part of the car driving by the driver, which was the front front of the left side of the said taxi.

As such, the Defendant, as such, destroyed the above taxi due to occupational negligence, did not immediately stop the taxi and take necessary measures, such as arranging the site, and left the site as it is.

2. On May 6, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on May 6, 2008, and two million won as a fine by the same court on October 11, 2012.

At the time of the day set forth in paragraph 1, the Defendant driven the said car under the influence of alcohol level of about 1 km from J-do in Gangnam-gu, Seoul to the front road of the same Gu F-gu, Seoul, with approximately 0.110% alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Notification of the results of regulating drinking driving;

1. Photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (reports on previous convictions in disposition and results of confirmation thereof, and attachment of

1. Articles 148 and 54 (1) of the Road Traffic Act applicable to the facts constituting a crime, and Articles 148 and 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the choice of imprisonment with prison labor) of the same Act;

1. The aggravated Criminal Act for concurrent crimes.

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