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(영문) 서울동부지방법원 2017.12.01 2017고단3119
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of 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 a motor vehicle B Ropcom.

On August 18, 2017, the Defendant, while under the influence of alcohol content of 0.324% during blood transfusion 22:35 on August 2017, 2017, came to proceed from the uppermost distance along the two lanes in front of Gangdong-gu Seoul Metropolitan Government, along the first lane.

At the time, there was a vehicle stopping in the signal atmosphere, so there was a duty of care to see the front door to the person engaged in driving of the motor vehicle and to prevent the accident in advance by maintaining the safety distance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, received the back part of the passenger vehicle in front of the Defendant’s driver’s vehicle in the direction of the victim D(40) E in the same lane.

Ultimately, the Defendant did not take necessary measures, such as destroying and damaging a car at the above level to the extent of KRW 741,680 of the repair cost due to the above occupational negligence, and providing personal information to the victim.

2. On the date and time set forth in the above paragraph 1, Defendant 2 driven B bpcom car with alcohol content of about 0.324% in the 3K section from the front of the Hanam City F, to the front of the Seoul Gangdong-gu, Gangdong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. A paper for records of drinking alcohol measurement, a statement in the circumstances of the driver involved in drinking, and a report on the detection of the driver involved;

1. Application of the written estimate statutes;

1. Relevant Articles 148, 54(1) (a) of the Road Traffic Act concerning facts constituting an offense, and Articles 148, 54(2)1, and 44(1) (a) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order of community service;

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