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(영문) 서울중앙지방법원 2014.11.20 2014고정4719

도로교통법위반(사고후미조치)등

Text

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

The Defendant is a person who is engaged in driving a documentary car B.

On August 13, 2014, the Defendant driven the said car under the influence of alcohol of 0.184% of blood alcohol concentration on August 13, 2014, and driven the said car at an insular speed from the direction of the Seocho-gu Seoul, Seocho-gu, Seoul to the 37-lane 37 ahead of the Seocho-gu, Seocho-gu, Seoul to the west speed from the 69-lane to the west.

At the time of night, since it was a narrow one-way traffic, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by reducing speed and checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not look well at the front, and was driven by the victim C (the 50-year-old) who stopped on the right side of the Defendant’s driving direction by negligence, and received the front part of the DNA taxi driving by the Defendant.

Ultimately, the Defendant did not take necessary measures, such as stopping and checking damage caused by the destruction of the repair cost of KRW 929,288, such as the exchange of the above rocketing taxi by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Investigation report (official application of the Ba mark);

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the detection of drinking drivers, and circumstantial statements of drinking drivers;

1. The written request for appraisal (the blood alcohol appraisal report);

1. A detailed statement of automobile inspection and maintenance;

1. A copy of guidance for accident place;

1. Application of Acts and subordinate statutes to household, damaged vehicle photographs, and accident scene photographs;

1. Relevant legal provisions concerning facts constituting a crime, Articles 148 and 54 (1) of the Road Traffic Act that choose a penalty, Articles 148 and 54 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for each crime;

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.