logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.07.24 2014고단452
도로교통법위반(사고후미조치)등
Text

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

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of the BMF car(s) under the Road Traffic Act.

On January 25, 2014, at around 00:30, the Defendant proceeded along the intersection near the 108-dong, Yeongdeungpo-gu, Seoul Metropolitan Government along the two-lanes between the two-lanes from the southwest bank of Mapo-gu, Seoul to the Northwest bank of Seoul.

Since there is an intersection with a signal, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to those engaged in driving service.

Nevertheless, the Defendant neglected this and went away without stopping the damaged vehicle to the extent of KRW 2,00,000 as repair cost, even if the victim C was driven by the victim C while the left turn due to negligence in violation of the signal, and was driven by the victim C at the right side side of the Defendant’s vehicle, and was damaged to the extent of KRW 2,00,000,00 in repair cost, and failed to take necessary measures to prevent danger and ensure smooth communication on the road.

2. On January 24, 2014, from around 23:00 on January 24, 2014 to around 0:30 on January 25, 2014, the Defendant driven the amount of the said SM car under the influence of alcohol content of 0.130% from around the KBS villa located in the Female-dong, Yeongdeungpo-gu, Seoul to the place indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

1. A report on the state of drinking driving;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148, 54 (1), 148-2 (2) 2 and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the accused recognizes and reflects the crime, and the fact that the accused has no criminal record of a fine or heavier punishment);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

arrow