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(영문) 대구지방법원 김천지원 2021.01.27 2020고단1147

도로교통법위반(사고후미조치)등

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Defendant shall be punished by a fine of KRW 8,000,000.

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 a K5-car.

1. On June 18, 2020, the Defendant violated the Road Traffic Act (after-accidents), driving the said car around 02:25, and driving the said car to drive the front road of the Gu-U.S. C from the boundary of the Corporation to the intersection of the Southern-gu Bridge.

At the time of night, there were many times, and in such a case, there was a duty of care to safely operate the steering system and the operation of the steering system by properly manipulating the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the road boundary stone was placed on the front part of the said car, and the sidewalk block and road boundary stone continued to have been cut off.

Ultimately, the Defendant, by occupational negligence, destroyed the road boundary stone, etc. owned by the victim and thereby destroyed the repair cost of 826,520 won, thereby causing danger and hindrance to traffic accidents, but did not immediately stop and take necessary measures, and escaped without leaving the said car as it is.

2. The Defendant, in violation of the Road Traffic Act, driven the said car while under the influence of alcohol level of about 0.187% from the 2km section from the Gu-Si apartment parking lot at the time from the Gu-Si, Si, Si, Si, Si to the E-distance on a daily basis as set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and an accident scene photograph;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. A report on internal investigation (referring to the situation, etc. at the time of arrival of the site);

1. Written estimate;

1. Application of investigation reports (verification of victims of road boundaries) Acts and subordinate statutes;

1. Relevant legal provisions, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148-2 and 44(3)2, and 44(1) of the Road Traffic Act concerning facts constituting an offense, the selection of fines for negligence, as well as the selection of fines;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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