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(영문) 인천지방법원 부천지원 2016.07.06 2016고정679

도로교통법위반(사고후미조치)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who drives a rocketing car.

On January 7, 2016, the Defendant driven the above vehicle while under the influence of alcohol concentration in the blood alcohol concentration in the light of around 20:30, while driving the vehicle, and driving it into a fire station located in the vicinity of the two-lanes of the D Hospital located in Seocheon-si, Seocheon-si, Seocheon-si, in accordance with the two-lanes of the D Hospital, the vehicle was parked in the direction of the fire station. Among them, some of the vehicles left the two-lanes, and thus, there was a duty of care to reduce speed and prevent accidents by accurately manipulating the direction and brakes.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting it and proceeding at the same speed, loaded the F Poter Cargo Vehicles on the victim E-owned right side of the road, followed by the front-hander and the front-hander part of the said Poren vehicle, and caused the said cargo to the left side due to the shock, and caused the said cargo vehicle to be pushed off to the left side, and the H Haco column in the victim G-owned on that side was also faced to the penter and the penter panel.

Ultimately, the Defendant did not take necessary measures, such as immediately stopping the relevant cargo vehicle and checking the existence of damage, even if it is possible to repair the cargo vehicle due to the above occupational negligence, and even if it did not take necessary measures, such as immediately stopping the vehicle to the extent that it is equivalent to KRW 3,172,98, and KRW 1,470,870, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the occurrence status of each traffic accident in G and E;

1. Application of Acts and subordinate statutes in written estimate of repair of each vehicle;

1. Article 148 and Article 54 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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