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(영문) 서울중앙지방법원 2018.11.16 2018고단1397
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 history] On July 21, 2010, the Defendant was subject to a disposition to transfer juvenile protection cases due to a violation of road traffic law at the Daegu District Public Prosecutor's Office, and on August 5, 2015, the Defendant was issued a summary order of a fine of KRW 2.5 million for the same crime from the Seo branch of the Daegu District Court on August 5, 2015, and was engaged in drinking driving two or more times.

[Criminal facts]

1. Around 04:55 on November 11, 2017, the Defendant driven B-low-income vehicle under the influence of alcohol content of about 0.080% at a section of about 4km from the teine hotel near the G-dong in Gangnam-gu Seoul Metropolitan Government to the roads of about 56-17, Cheonggu-gu, Gangnam-gu, Seoul.

2. A defendant is a person who is engaged in driving a Brane car.

The Defendant, while under the influence of alcohol concentration of 0.080% in blood at the time of the day set forth in paragraph 1, was driving a franchise-based car and continued to drive the intersection in 56-17, Gangnam-gu, Seoul, Cheonggu, Seoul, into the 94-way surface as bankruptcy at the time of the bankruptcy.

At the time, there is a duty of care to prevent accidents in advance by thoroughly and safely operating the steering direction and operation of the steering system, since it is at night and there is no signal at all times.

Nevertheless, the defendant neglected this and failed to properly operate the steering direction and operation system due to influence of drinking, and the victim C who passed the intersection from the left-hand side of the marine to the right-hand side was driven by the victim C with the front-hand part of the DNA car.

In the end, the Defendant, by such occupational negligence as above, did not immediately stop and abscond without taking necessary measures, such as dealing with accidents, even though the repair cost, such as the exchange of the No.N. car in front, was damaged to the extent of KRW 10,736,614.

Summary of Evidence

1. The defendant police.

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