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(영문) 광주지방법원 2012.09.13 2012고정1518

도로교통법위반(사고후미조치)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 18:30 on April 29, 2012, the Defendant violated the Road Traffic Act (recidal measures) driven a car between C Lesa and proceeded two lanes in front of the restaurant in the Seo-gu, Seo-gu, Seo-gu, Gwangju, at a speed of about 40km per hour from the Seo-gu Cultural Center, depending on one lane towards the Masho post office at the speed of about 40km.

A person engaged in driving on a road with heavy traffic has a duty of care to safely drive the steering gear by accurately operating the steering gear by reducing speed and by checking the right and the right of the road.

Nevertheless, the Defendant neglected to do so and stopped at the right-hand part of the Defendant’s driving vehicle, which was driven by the victim D(38 years of age) who stopped at the right-hand part of the same lane as that of the Defendant’s driving.

Ultimately, the Defendant, by occupational negligence, destroyed a damaged vehicle to be in excess of KRW 343,090, and immediately stopped and escaped without taking necessary measures.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driven the said car while under the influence of alcohol 0.154% of the blood alcohol concentration at the above temporary border, and proceeded about 1 km to the front of the restaurant in the Hosung-dong located in the Seo-gu, Seo-gu, Seo-gu, Gwangju at the same time on the roads in front of the Gyeongsung-dong.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Written estimate;

1. An initial and actual survey report on the traffic accident site (1, 2) and the actual survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

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

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

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

1. The order of provisional payment;