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(영문) 의정부지방법원 2015.10.13 2015고단2619
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

1. The Defendant is a person engaging in driving of B cargo vehicles.

On July 2, 2015, the defendant, around 21:10, passed the front road D, which is located in Speaker-si C, to the Military Manpower Administration's jurisdiction over the apartment site of new Japanese soil.

In such cases, a person engaged in driving service has a duty of care to safely operate the steering gear by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected to drive the vehicle by driving it on the right side of the road due to the negligence of driving it on the road, and shocked the Indian pension, etc. in front of the left side of the vehicle.

The Defendant, by occupational negligence, did not take necessary measures, such as on-site verification after a traffic accident, even after destroying the pents, etc. to cover KRW 500,000,000.

2. On July 17, 2012, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court (Seoul Northern District Court). On September 26, 2013, the Defendant was notified of a summary order of KRW 5 million by the same court as on September 26, 2013.

On July 2, 2015, at around 21:00, the Defendant driven B cargo vehicles under the influence of alcohol level of 0.228% in the section of approximately 2 km from the vicinity of the Howon-dong in the Government-si to the 28th day of Nowon-gu in Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. On-site photographs;

1. The circumstantial statement of the employee;

1. Written estimate of the damaged object;

1. Making a report on the control of drinking driving;

1. Photographs of damaged objects;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (reports accompanied by summary orders);

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148, 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying or damaging things), and each of them;

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