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(영문) 부산지방법원 2014.10.30 2014고정3719

도로교통법위반(사고후미조치)등

Text

Defendant shall be punished by a fine of 4.5 million won.

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

Reasons

Punishment of the crime

On May 1, 2014, at around 06:00, the Defendant was under the influence of alcohol with a blood alcohol level of 0.146%, and the Defendant was under the influence of 0.146%. The Defendant was under the influence of chip car, thereby driving the alleyway in front of Busan Dong-gu C from the non-storage space to the dub apartment.

Any person shall be prohibited from driving a motor vehicle under the influence of alcohol, and when driving a motor vehicle, he/she has a duty of care to prevent accidents due to his/her failure to drive the motor vehicle, while he/she is under the influence of alcohol and to safely drive the motor vehicle, and the driver, etc. of the relevant motor vehicle shall immediately stop the motor vehicle and take necessary measures, such as providing relief to casualties.

Nevertheless, while under the influence of alcohol, the Defendant, while driving in the front of the road at the right side of the road in the direction of the direction of the driving by negligence, did not immediately stop the damaged goods so that the amount equivalent to KRW 1.8 million of the cost of repairing the damaged goods can be reduced to the front side of the driver's vehicle in front of the right side of the driving of the victim D (the age of 62).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) and a statement of each traffic accident;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. Reports on internal investigation and investigation reports;

1. Application of Acts and subordinate statutes governing accidents;

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 (1) 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;