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(영문) 서울중앙지방법원 2015.04.21 2015고정1212

도로교통법위반(사고후미조치)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is engaged in driving the B-learning passenger car.

Where goods are damaged due to traffic flow, such as driving of a motor vehicle, the driver, etc. of the relevant motor vehicle shall immediately stop the motor vehicle and take measures necessary to remove any traffic danger and impediment.

Nevertheless, the Defendant, while under the influence of alcohol on January 1, 2014 at around 02:37, the blood alcohol concentration of 0.07%, is driving the said car and driving the front road of Gangnam-gu Seoul Metropolitan Government along the three-lanes from the border apartment to the Seoul Customs office.

The part of the back-hand part of the E K5 vehicle driven by the victim D (the age of 29) who was at the front of the signal stop due to negligence in the front of the city at the front of the city at the front, was damaged by the defendant's front-hand part of the vehicle at the front-hand, and then escaped without taking necessary measures to remove traffic danger and obstacles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of D and F;

1. A traffic accident survey report, traffic accident occurrence report, circumstantial statement of a drinking driver, output of output of the results of drinking measurement, and report on detection of a drinking driver;

1. Investigation report (victim D relative investigation);

1. Written estimate (No. 48 pages of investigation records);

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148 and 54 (1) of the Road Traffic Act that choose a penalty, Articles 148 and 54 (2) 3 of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the choice of fines;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum amount of the crimes of the above two crimes is aggregated);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;