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(영문) 수원지방법원 성남지원 2014.09.03 2014고정1257

도로교통법위반(사고후미조치)등

Text

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. Violation of the Road Traffic Act (MM5 driver’s license), the Defendant, as a person driving a BS5 car on duty, and the Defendant, around 07:50 on Mar. 11, 2014, followed the side-road of 8, 970-ro, Yang-dong, Sungnam-dong, Sungnam-dong, Seoul Special Metropolitan City, at an aesthetic speed from coal to the high-speed direction.

A person engaged in driving motor vehicles has a duty of care to prevent accidents by driving motor vehicles with a view to keeping the entire course and the left and right of the way and driving the motor vehicle safely.

Nevertheless, the Defendant, who was parked on the roadside due to the negligence of driving without booming the front door, conflicts with the rear 2.5t dump truck owned by the victim C, thereby causing unmaterial damage to the repair cost, such as balke, etc. of the damaged vehicle, and the vehicle was recovered by the driver.

In such cases, the Defendant immediately confirmed the damage from the site and reported it to the nearest police station, but left the site on the Do newsletter without any measure, leaving the vehicle in which operation is impossible due to the refluence of the vehicle at the site.

2. On the same date, the Defendant driven the said vehicle under the influence of alcohol content of 0.125% from the parking lot for the new interest apartment in the new interest apartment in the new interesting Don-dong, Seongdong-gu, Sungnam-si, to the road in front of 970 Don-ro 970-ro 8, the Defendant driven the said vehicle under the influence of alcohol content of the blood.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. Investigation report ( Results of the formal application of the Tramark);

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of fines;

1. Article 37 of the Criminal Code among concurrent crimes.