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(영문) 의정부지방법원 고양지원 2013.09.05 2013고정1076

도로교통법위반(사고후미조치)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On March 8, 2013, the Defendant, without a driver’s license, driven a motor vehicle of 2 Abdold B while under the influence of alcohol content of 0.15%, and driven a vehicle of 0.15% in front of the “Swine village” restaurant located in the ridge of the court Eup at the time of Pakistan, along with a one-lane distance from the front side of the mobilization apartment to the court.

At the time, there are vehicles parked on the right side of the road at night, so in such a case, a person engaged in driving service has a duty of care to safely drive the steering gear by accurately manipulating the steering gear.

Nevertheless, when the Defendant neglected to do so under the influence of alcohol as seen above and proceeds therefrom, the Defendant received the back part of the lower part of the passenger vehicle Cpboard which was parked on the right-hand side of the road in the direction of the running of the Defendant’s vehicle, from the front right-hand side of the said passenger vehicle.

As above, the Defendant: (a) destroyed the above CFD car owned by the victim D (the age of 39) due to the traffic of the vehicle; (b) destroyed the car to have approximately KRW 3,962,572, such as the exchange of the fencers, and escaped without immediately stopping the car and without taking necessary measures to confirm the damage situation.

2. The Defendant, like the foregoing 1. paragraph (1) of this Article, driven the said B-hurged car without a car driver’s license at a section of approximately 100 meters from the road front of a window by which it is impossible to identify the trade name in the Seoul Special Self-Governing Province (Seoul Special Metropolitan City) at the time of a temporary border to the accident site as referred to in the foregoing 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. On-site photographs;

1. Application of the motor vehicle estimate statutes;

1. Relevant Articles 148 and 54 of the Road Traffic Act concerning criminal facts;