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(영문) 대구지방법원 서부지원 2020.02.06 2019고정61

도로교통법위반(사고후미조치)등

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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On July 10, 2018, the Defendant driven the above cargo while under the influence of alcohol more than 0.05% of alcohol content on July 17:30, 2018, and transferred the roads front of Daegu-gun C to E burial from the D market room.

At the time, the victim FF driving GM3 car was parked on the left side of the driving direction of the defendant at the time, so in such a case, the driver of the vehicle had a duty of care to prevent the accident by accurately manipulating the front door and the left and right, and accurately manipulating the operation and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent by neglecting it and received the left side part of the said cargo vehicle and the part of the driver’s seat even with the driver’s seat.

Ultimately, the Defendant did not provide personal information to the victim even though he damaged the said car parked due to the above occupational negligence in order to have the amount equivalent to KRW 2,159,278 of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a field photograph of accident, a survey report on actual condition, inquiry report on the control of drinking driving, notification on the results of the control of drinking driving, and a report on the circumstantial statement of a drinking driver;

1. Application of investigation reports (victim F's specifications of inspection and maintenance of automobiles), investigation reports (Written statements of Bag H), investigation reports (Recalculation of the F's F's awareness) (Recalculation of the F's H), and statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 3 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 156 subparagraph 10 of the Road Traffic Act (the provision of personal information after damage to a parked vehicle); and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;