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(영문) 전주지방법원 2013.05.29 2013고단1016

도로교통법위반(사고후미조치)등

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 4, 2013, the Defendant is a person who is engaged in driving a BAtop car, and the Defendant driven the said car with a blood alcohol concentration of 0.144% under the influence of alcohol around 22:43 on February 4, 2013, and was driving the said car to the maw from the direction of the Hongsan intersection, along the two-lanes around the 2nd line road near the Mansan-gu Western-dong at the time of Jeonju.

In such cases, a person engaged in driving service shall not drive under the influence of alcohol, and when following the vehicle behind it in the same direction, he/she has the duty of care to prevent accidents by securing a distance from collision with such vehicle in the same direction.

Nevertheless, the Defendant neglected this and was negligent in driving while under the influence of alcohol and received the back part of the E-si owned by C in front of the car in front of the Defendant’s vehicle.

Although the Defendant damaged the 402,090 won of the repair expenses, such as the exchange of ribages by occupational negligence as above, the Defendant did not immediately stop and report an accident, and did not take necessary measures in the event of the occurrence of the traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident actual condition survey report and photographs;

1. A report on detection of a host driver;

1. Application of the statutes governing repair estimates;

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, the selection of fines, respectively;

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