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(영문) 서울남부지방법원 2020.08.11 2020고단583
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

1. On January 7, 2020, the Defendant operated the said car under the influence of alcohol level of 0.130% on January 7, 2020, while driving the said car at a speed of 0.130%, and driving the road front of the Seoul Yeongdeungpo-gu Seoul Metropolitan Building at a speed of two lanes between the two-lanes in the direction of the literacy distance from the airspace of the Yeongdeungpo-gu Station.

At the time, there was a duty of care to prevent accidents in advance by reducing speed for those engaged in driving of a motor vehicle and checking well the front side of the motor vehicle on the right side of the front side of the road.

Nevertheless, the defendant neglected to do so and continues to be under the influence of alcohol.

A victim D (year 51) who was stopped on the right side of the road was driven by the victim D(the 51) who was driving on the upper right side of the Ecopi-sports cargo vehicle and received the part as the front right-hand part of the car.

Ultimately, the Defendant, through the above occupational negligence, destroyed the repair cost equivalent to KRW 2,389,173, such as fishing exchange, etc. to the victim, and did not immediately stop and take measures necessary for the management of the accident, and escaped.

2. On February 21, 2008, the Defendant received a summary order of KRW 1,50,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On January 7, 2020, at around 03:27, the Defendant driven the said car under the influence of alcohol level of about 0.130% at the two kilometers from the front of G located in Yeongdeungpo-gu Seoul Metropolitan Government F to the front of the H building in Yeongdeungpo-gu Seoul Metropolitan Government.

As a result, the Defendant driven a motor vehicle under the influence of alcohol more than twice and committed a violation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of I and D;

1. The actual condition survey report;

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