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(영문) 서울남부지방법원 2016.12.08 2016고단4857
도로교통법위반(사고후미조치)등
Text

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

Reasons

Punishment of the crime

On August 26, 2009, the Defendant received a summary order of KRW 1 million from Seoul Southern District Court due to a violation of the Road Traffic Act, and on September 16, 2014, the said court received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving).

1. The Defendant is a person engaging in driving a vehicle B K5 vehicle.

On August 20, 2016, the Defendant driven the above car on August 20, 2016, and driven the three-lane road of Guro-gu Seoul Metropolitan City, Guro-do, with two-lanes of SilungIC as an error ICT room.

Since there are many roads, the driver of the vehicle has a duty of care to thoroughly drive the vehicle in a safe manner.

Nevertheless, the Defendant neglected to do so under the influence of alcohol concentration 0.203% and changed the course from the two-lane to the one-lane by negligence, which led to the change of the course from the two-lane to the one-lane, and caused the penther to the left side of the Defendant’s low-speed motor vehicle driven by D(56 years of age).

Accordingly, the Defendant, by such occupational negligence, escaped without taking necessary measures, such as destroying the repair cost for the said low-speed car owned by the victim (jum) and removing the risks and obstacles on the road, even though it damages the amount equivalent to KRW 960,364.

2. Although the Defendant had been subject to punishment twice due to a drunk driving as above, the Defendant driven the said K5 car at the same time and at the same time as paragraph (1). From approximately 6 km to the accident site in the Guro-gu Seoul Metropolitan Government roads from the error ICT to the accident site in paragraph (1), the Defendant driven the said K5 car while under the influence of alcohol with a blood alcohol concentration of about 0.203%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. The report on the actual condition of a traffic accident, the vehicle photograph of the accident, and the circumstantial statement of the driver; and

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