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(영문) 서울중앙지방법원 2016.08.10 2016고정2108

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, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of B-car cars.

On April 23, 2016, at around 07:00, the Defendant, while under the influence of alcohol of the above vehicle at around 07:142% in blood, proceeded with C, from the direction of Samsung 95-ro to the wing-ro slope, one-lane between the two-lanes.

In such a case, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes and accurately.

Nevertheless, the defendant neglected to do so and driving by the victim D.

In the course of passing the E-car, the front left side of the damaged vehicle in the right side was shocked with the fenced part in front of the right side of the Defendant driving vehicle.

The Defendant, by such occupational negligence, destroyed the property equivalent to KRW 123,462, such as the cost of repairing the damaged vehicle by exchanging the left-hand side of the damaged vehicle, but did not immediately stop and take measures to ensure smooth traffic flow and prevent danger.

2. While the Defendant was under the influence of alcohol level of 0.142% during the day-to-day alcohol level, the Defendant driven the said car at a 1km section from the roads near the Saemaeul cafeteria, Gangnam-gu, Seoul, Samsungdong to the roads around the same 115-29-9 of the former Samsungdong, the Defendant driven the said car at a 1km level.

Summary of Evidence

1. Partial statement of the defendant;

1. A survey report on actual conditions;

1. A report on the occurrence of a traffic accident and a written statement on the occurrence of a traffic accident;

1. A vehicle photograph and an escape photograph after an accident;

1. A record of respiratory results;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of the written estimate for vehicles;

1. Relevant legal provisions and Articles 148, 54(1) (a) and 148-2(2)2 and 44(1) (a) of the Road Traffic Act concerning facts constituting an offense, and the choice of fines, respectively.