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(영문) 서울중앙지방법원 2020.10.21 2020고단3542
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

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

On December 14, 2010, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine at the Seoul Southern District Court on November 10, 2016, respectively.

1. Around 01:30 on March 18, 2020, the Defendant driven a CMW car under the influence of alcohol by 0.128% from the section of approximately 1.5km from the front of the Dongjak-gu Office located in Dongjak-gu Seoul, Seoul, to the front of the building located in the same Gu B from the front of the Dongjak-gu Office to the road located in the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Around 01:30 on March 18, 2020, the Defendant violated the Road Traffic Act (i.e., an accident) and driven the said car at a speed of about 40km per hour, depending on the speed of about 40km between the two lanes, which is the front road in Dongjak-gu Seoul Metropolitan Government D, from the boundary of the long-line railroad station, to the new-distance long-distance long-distance flooding area.

In this case, there was a duty of care to prevent accidents by accurately manipulating steering devices and brakes while living well in the vicinity of the driver of the vehicle.

Nevertheless, under the influence of alcohol, the defendant neglected to keep the front door well and received the central separation zone from the left-hand part of the car driven by the defendant, and damaged 7 meters of the central separation zone, thereby putting off on the road.

Ultimately, the Defendant, by occupational negligence, destroyed approximately KRW 1,800,000 of the repair cost to the extent that the central separation zone of the above road was destroyed, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Statement of the police concerning F of the defendant's legal statement;

1. Notification of the control of drinking driving;

1. A written estimate of accident photograph and central separation unit repair cost;

1. Application of the Act and subordinate statutes to reply to criminal records, CDs, etc. related to accidents;

1. Criminal facts;

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