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(영문) 인천지방법원 2016.02.04 2015고단8005
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 6, 2007, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law at the Seoul Eastern District Court on August 2007. On April 27, 2015, the Defendant was sentenced to a summary order of KRW 3 million for the same crime at the Jung-gu District Court on April 27, 2015. On November 10, 2015, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of road traffic law (driving under drinking), and the said judgment became final and conclusive on November 18, 2015.

[Criminal facts]

1. The Defendant is a person engaging in driving service of a motor vehicle with B investment risk.

On August 7, 2015, around 02:05, the Defendant driven the road at a speed of 10.39km from the IC to the 1st line from the 2nd line to the 1st line from the IC of Incheon, Seo-gu, Incheon, Seo-gu.

At the time, when changing the vehicle line at night and when changing the vehicle line, there was a duty of care to prevent accidents by changing the lane as it operates direction, etc., pre-announces the change of course, and well sees the traffic situation of the front and rear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it and received as the left-hand part of the high-speed car driving by the Defendant, which was driven by the victim C with the first lane in the same direction as the Defendant.

Ultimately, the Defendant, by negligence in the above occupational negligence, escaped without taking necessary measures, such as promptly stopping, even after destroying and damaging the above low-priced car to the extent that the market value is not higher than the market value.

2. On the date specified in paragraph (1), the Defendant is under the influence of alcohol content of 0.201% in blood without obtaining a driver’s license from the insular area from the insular area to the long-distance at the entrance of the expressway located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, to the insular area.

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