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(영문) 대전지방법원 2017.08.11 2017고정689

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 engaging in driving service of CK9 automobiles.

On February 22, 2017, the Defendant driven the said K9 car with a alcohol content of 0.086% from blood, while under the influence of alcohol on February 22, 2017, and, at the time of the Sejong Special Self-Governing Province, the Defendant driven the said K9 car along three-lanes from the direction of the new shot to the direction of the river.

On the other hand, there was an intersection without signal lights, so there was a duty of care to prevent accidents in advance by complying with traffic signals, allowing a person engaged in driving service to live well on the front side and the right side, and accurately operating steering devices and brakes.

Nevertheless, under the influence of alcohol, the Defendant received facilities such as roadside trees, signs of fire-fighting water, street lamps, etc., which were planted on the right side of the road due to the negligence of driving on the roadside while neglecting this, from the front part of the passenger car of the Defendant.

Ultimately, even if the Defendant destroyed or damaged the street trees on the market price due to such occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the damaged person.

2. The Defendant violated the Road Traffic Act (drinking driving) driven C K9 automobiles under the influence of alcohol with 0.086% alcohol concentration in blood at the time and place within paragraph 1.

Summary of Evidence

1. Partial statement of the defendant (as at the second public trial date);

1. Statement made by the police against D;

1. A traffic accident report;

1. Inquiries about the results of crackdown on drinking driving;

1. Investigation report (the details of the prosecutor's direction);

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 148, Article 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016; hereinafter “former Road Traffic Act”); Articles 148, 54(2)3, and 44(1) of the Road Traffic Act (amended by Act No. 14356, Dec. 2, 201; hereinafter “former Road Traffic Act”); Articles 148-2(2)3 and 44(1) of the Road Traffic Act, each option of fine for a crime

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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