도로교통법위반(사고후미조치)등
Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. Around November 14, 2019, the Defendant was driving a DNA-type car in a state of alcohol of about 0.104% of alcohol concentration at the 2km section from the front of the Seoul Western-gu, Seoul to the front of the road from around 01:52 on November 14, 2019.
2. On November 14, 2019, the Defendant violated the Road Traffic Act (measures to be taken after accidents) (hereinafter “Road Traffic Act”), driving a vehicle under the said paragraph (1) around 01:52, and driving the front road of the Seoul Southern-gu E in the direction of the network rain distance from the offline of the network rain, and driving the front road of the Seoul Jung-gu E in the direction of the five-lane.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering direction and brake system and to safely drive the motor vehicle by reporting the traffic situation well.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was at the victim F (the 65-year-old) driver’s Gystasi who was stopping in the signal atmosphere due to negligence in the course of the duty of driving the vehicle.
Ultimately, the Defendant, by occupational negligence, destroyed the 667,180 won of the repair cost, and attempted to flee without taking necessary measures by preventing the fact of driving under the influence of alcohol, even if he did so.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Traffic accident report and report on the actual condition of a drinking driver;
1. Photographss of damaged taxi vehicles and photofics of motion pictures of damaged vehicles;
1. Application of written estimates to repair damaged taxi vehicles;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (3) 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, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence for concurrent crimes resulting from the violation of the Road Traffic Act, which is heavier than the punishment, shall be applicable to the concurrent crimes resulting from the violation of the said Act;