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(영문) 광주지방법원 순천지원 2016.07.18 2016고정84

도로교통법위반(사고후미조치)등

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the driving of a cargo vehicle B.

1. On September 11, 2015, the Defendant violated the Road Traffic Act (i.e., U.S. after an accident), driving of the above cargo on around 16:45, and driving a new-month distance in the old-gu Sim of the old-gu Sim of the old-gu Sim of the old-gu, the Defendant was proceeding at approximately 40km in speed from the direction of the Public Security Center in the new-month.

Since no signal, etc. is installed, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by examining whether there is a motor vehicle that is temporarily stopped before entering the intersection.

Nevertheless, the defendant neglected to turn to the right of the defendant and neglected to turn to the right of the defendant's proceeding.

C Driving received the side part of the 21 ton of the truck left side of the truck in Korea, as the upper part on the right side of the truck.

The defendant did not take measures at the time of traffic occurrence while destroying the above 21 ton truck with the above 8,50,000 won for repair due to occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said cargo vehicle at the section of approximately 500 meters from the Do in front of the Yacheon-si Do in front of the Yacheon-si Do, where it is difficult to find out the trade name on the Yacheon-si Do, while under the influence of alcohol 0.128% in the light of the time stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident inspection report, a statement on the circumstances of the driver placed in the main place, a report on the detection of the driver placed in the main place, and a statement on transactions;

1. Application of Acts and subordinate statutes governing field evidence photographs;

1. Relevant Article of the Act and Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148-2 and 44(2)2, and 44(1) of the Road Traffic Act concerning facts constituting an offense, the selection of fines for negligence, as well as the selection of fines;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the maximum amount of the above two crimes) shall be applicable.