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(영문) 대전지방법원 천안지원 2016.03.24 2016고정137

도로교통법위반(사고후미조치)등

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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of B Track vehicles.

On November 16, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.132% among blood transfusion around 00:00, and operated the said vehicle at a two-way speed from the East-gu, South-gu, East-gu, East-gu, by driving the said vehicle under the influence of alcohol content of 0.132%.

At the time, since it is a narrow road of one lane at night and one-lane, the driver of a motor vehicle has a duty of care to reduce speed and prevent the accident by properly examining whether there is a motor vehicle parked around the road, but the defendant was negligent in neglecting the duty of care due to negligence in driving so that the part of the victim E, which was parked on the right side of the road, owned by the victim E, which was the front part of the vehicle of the defendant, was parked on the right side of the road.

Ultimately, the Defendant, by negligence in the course of performing such duties as above, destroyed the repair cost of one million won, such as the replacement and maintenance of the diversified vehicle, but immediately stopped and escaped without taking necessary measures, such as aiding the damaged person.

2. On November 16, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) drive the said vehicle while under the influence of alcohol content of 0.132% in blood transfusion on November 16, 2015; and (b) drive the five-lane road in front of the airspace repair line of an Eup/Myeon/Eup/Myeon in the Asan-si, Insan-si, on a two-lane road in the direction of an Asan-si as an Asan-do bank.

At the same time, there was an intersection where signal lights are installed, so in such a case, it is necessary to confirm whether a person engaged in driving of a motor vehicle has a motor vehicle traveling along the intersection by reducing the speed and checking well the front side of the motor vehicle, and to safely drive the motor vehicle according to the traffic signals and prevent the accident in advance, notwithstanding the duty of care, the defendant is negligent in driving the motor vehicle under the influence of alcohol and thus, the signal is a stop signal.