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(영문) 대구지방법원 김천지원 2014.05.23 2014고정283

도로교통법위반(사고후미조치)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

1. Around 01:00 on February 6, 2014, the Defendant was under the influence of 0.123% of blood alcohol concentration on the china road located in the Dogsan-si, Sinsi, Sinsi, Sinsi, Sinsi, and led the Defendant to drive the said car in the same flow level from the echinabb.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to check and drive the course safety by properly examining the right and the right of the front side.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded as it is, conflicted with the main part of the said car at the front of the said car at the lower level, which was set up in the front of the said vehicle.

The Defendant got away without taking necessary measures at the time of the occurrence of a traffic accident while destroying the above high-priced quarter separation zone and traffic signs by negligence in the course of business as above, without taking necessary measures at the time of the occurrence of the traffic accident, and setting up the said vehicle on the road.

2. Around 01:00 on February 6, 2014, the Defendant driven the said vehicle under the influence of alcohol by 0.123% of alcohol concentration from a section 1, which is around approximately 0.123%, from the front of the marc restaurant in the Onnuri Pyeong-si, Gosidong to the marc-si located in the marc Dosan-dong in the Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on the actual state of a driver, and a survey report on actual state of a driver;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying or damaging things), the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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