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(영문) 수원지방법원 2014.02.06 2014고정104

도로교통법위반(사고후미조치)등

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Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who will drive the EF bill or another car in the course of business.

On October 26, 2013, at around 18:18 on October 26, 2013, the Defendant, at the time of the accident, was running at about 40 km in the speed of Si/Gu, from the water-based flood protection area to the water-based Eup.

A driver has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the defendant who well booms the front door and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so and neglected to stop on the front side, and received the back part of the victim C's Kazop vehicle that stops in the signal atmosphere from the front side of the vehicle.

As a result, the Defendant destroyed the property worth approximately KRW 759,348, and did not immediately take necessary measures as a driver, and left the scene without leaving the vehicle in question as it is.

B. At the time of entry in the preceding paragraph, the Defendant: (a) operated B vehicles at approximately 3 km from the front side of the elementary restaurant in Sucheon-si, Sucheon-si, Sucheon-si, to the front side of the Nasan Busan Fri-si, Susung-si, Sucheon-si, the Defendant, at around 0.134% of the blood alcohol content; (b) around the time of entry in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The circumstantial report of a drinking driver, a report on detection of a drinking driver, and an inquiry into the results of crackdown on drinking;

1. Application of written estimates and written confirmations to statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (2) 2 and 44 (1) of the Road Traffic Act, and the choice 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 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;