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(영문) 대구지방법원 2013.05.08 2013고정469

도로교통법위반(사고후미조치)등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a rocketing car.

1. On December 20, 2012, around 22:05, the Defendant, while under the influence of alcohol at 0.150% of alcohol level, was driving a vehicle of approximately 100 juices, which are in the east-gu east-dong change on the roads in Daegu Northern-gu, Daegu-do.

2. The Defendant, at the above date, proceeded with the brush road in front of the brush change in the Daegu Northern-gu, at an insular speed.

The driver of the motor vehicle has a duty of care to drive the motor vehicle safely by taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and received the left-hand part of the DPoter vehicle owned by C, which was parked on the right-hand side of the Defendant’s vehicle driving direction, from the right-hand side of the Defendant.

The Defendant’s negligence in the course of performing his duties, thereby damaging the above vehicle amounting to KRW 1,197,606, and did not take any measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report, a report on detection of a drinking driver, and a report on the circumstantial statement of a drinking driver;

1. A copy of a written estimate;

1. Application of Acts and subordinate statutes to photographs of accident site and place of final inspection, damaged vehicles, and photographs of harming vehicles;

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 accidents), and the choice of fines;

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) of the Criminal Act for the detention of a workhouse;

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