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(영문) 서울북부지방법원 2015.09.03 2015고단2227
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

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

On April 1, 2015, the Defendant driven the above vehicle on April 1, 2015, while under the influence of 0.120% of blood alcohol concentration 0.120%, the Defendant proceeded along the two-lane road of 190 U.S. apartment 604 in front of the 190-U.S. Do as the island field of Seoul Special Metropolitan City, along the one-lane from the direction of the wind apartment.

At the time, the victim C's rocketing taxi was stopped according to the stop signal, so in such a case, the driver was obliged to pay a duty of care to operate the steering wheel and brakes accurately by accurately operating the steering wheel and brakes while living well.

Nevertheless, under the influence of alcohol, the part concerning the back of the above taxi was entered into the front part of the defendant's vehicle by negligence without accurately operating the brake system.

The Defendant did not immediately stop the said taxi and take necessary measures, such as checking the details of damage, while destroying the said taxi to have a considerable amount of KRW 435,328, the repair cost for the exchange of ribanes.

2. Around 01:22 on April 1, 2015, the Defendant was under the influence of alcohol by 0.120% on blood alcohol content, and the Defendant driven the said string car at the 4km section of approximately 4km from the Do to the apartment complex of Chang-dong, Dobong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. C’s statement;

1. A report on the occurrence of a traffic accident (1) (2) (the actual survey report);

1. A report of investigation (calculated of a blood alcohol concentration by the Medmark formula);

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

1. Written estimate;

1. Application of each statute on photographs;

1. Relevant provisions of the Road Traffic Act, Articles 148 and 54(1) of the Road Traffic Act, Articles 148-2(2)2 and 44 of the Road Traffic Act concerning criminal facts.

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