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(영문) 서울중앙지방법원 2014.10.17 2014고단5953
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 11, 2013, the Defendant issued a summary order of a fine of four million won at the Jeonju District Court for a violation of the Road Traffic Act (driving) and on February 26, 2014, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of a fine of five million won at the same court due to the same crime, etc. on at least two occasions.

【Criminal Facts】

1. Around 19:00 on December 28, 2013, the Defendant was driving B New-WoodD car under the influence of alcohol with approximately KRW 500 meters alcohol concentration 0.236% without obtaining a driver’s license from the front line of the trade in the front line of the Jinjin-gu Seoul metropolitan area to the front line of the Jinjin-gu, Seoul metropolitan area, to the front line of the 875-1 in the same Gu calculated-dong 875-1.

2. The Defendant is a person engaging in driving a vehicle as specified in paragraph (1) of the Road Traffic Act.

On December 28, 2013, the Defendant was driving the above car on the 19:00 on December 28, 2013, and was moving back to the direction of the Abdo-Jakdong-gu Seoul metropolitan area in front of the "Jakdong-gu" road.

Since there was a three-distance intersection, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle in order to reduce the speed and to ensure the right and the right of the vehicle well by properly examining the side and the right and the right of the vehicle.

Nevertheless, the Defendant, without properly examining the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are operated by the injured party C while driving a vehicle under the influence of alcohol as set forth in paragraph (1).

Ultimately, the Defendant’s occupational negligence leads to the repair cost of KRW 676,540, such as the replacement of the damaged passenger vehicles.

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