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(영문) 서울중앙지방법원 2016.03.09 2015고단8335
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in a small-scale taxi driver service.

1. On August 29, 2015, the Defendant: (a) driven the cab while drunkly under the influence of alcohol with approximately 0.075% alcohol concentration from the 1km section from the Seoul Special Metropolitan City, the Southern-ro, the Southern-ro, Seoul Special Metropolitan City, to the 1802 Southern-ro, Nam-gu, Seoul.

2. Around August 29, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle) and the Road Traffic Act (ii) (iii) (i.e., the Defendant driving the said taxi at around 20:25 on August 29, 2015, and (iv) driving the said taxi along the four-lane road in front of Gwanak-gu in Seoul Special Metropolitan City as the area located in the front of the Seoul metropolitan area.

In this case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with traffic signals.

Nevertheless, while being under the influence of alcohol content 0.075% in blood, the Defendant neglected to do so, and was negligent in proceeding with the electric red signal, and received a bicycle for driving the victim E (18) who dried the crosswalk as the front part of the driving vehicle in front of the left-hand part of the driving vehicle.

Ultimately, the Defendant suffered knee per week of treatment due to the above occupational negligence by causing injury to the victim, and at the same time, did not immediately stop the damaged bicycle repair cost so that the damaged bicycle repair cost equivalent to 300,000 won, and escaped without taking necessary measures, such as aiding the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement made to E and F;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A report on the occurrence of a traffic accident and black images;

1. Each report on investigation;

1. A copy of the medical record certificate [the defendant did not have an intention to flee because he did not know the fact at the time of the instant accident.]

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