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(영문) 서울중앙지방법원 2014.07.30 2014고단4222
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On September 8, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on March 9, 2009, a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Incheon Central District Court on March 9, 2009, and a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on July 2, 2013.

【Criminal Facts】

1. On April 21, 2014, the Defendant: (a) driven a B B B B-type car under the influence of alcohol without obtaining a driver’s license at a section of about 400 meters from the front of the hospital distance in Gangnam-gu Seoul, Seoul to the front of the 21:20-5 front of the same day on the same day; (b) around 21:20 meters from the road in front of the hospital distance in Gangnam-gu, Seoul; and (c) around 227-5, the Defendant driven the B-type car under the influence of alcohol.

2. Violation of the Road Traffic Act (AFS) by the Defendant is a person engaging in driving a B rocketing car.

On April 21, 2014, the Defendant driven the above car on April 21, 2014, and led to the progress of the road in front of 227-5, Gangnam-gu, Seoul to the front side from the front side to the front side.

At the time, it was a narrow road where the center line is not installed, so there was a duty of care to check whether a person engaged in driving of a motor vehicle has no obstacle by properly examining the front left left, and to operate the motor vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding with the Defendant, and the part on the left-hand side of the said rocketing car driven by the victim C who stops on the right-hand side of the said rocketing car in the direction of running the said rocketing car.

Ultimately, the Defendant did not stop the vehicle to the extent of 1,561,536 won of the repair cost due to the above occupational negligence, but did not take necessary measures, such as removing the risks on the road, even though the Defendant destroyed the victim’s car to the extent of the repair cost.

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