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(영문) 서울중앙지방법원 2018.06.28 2018고정621

도로교통법위반(사고후미조치)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Road Traffic Act (after-accident) and engages in driving service of a passenger car.

On November 12, 2017, the Defendant driven the above vehicle at around 23:50 and driven the above vehicle at the front of Gwanak-gu in Seoul Special Metropolitan City, the Defendant left the left side of the EW WW125 motor bicycle, which stopped on the alleyway, and left the right side of the Defendant’s vehicle, and left the bicycle to the right side of the Defendant’s vehicle, and caused the Defendant to shock the front part of the FK9 passenger car parked there.

Ultimately, the Defendant did not immediately stop and take necessary measures, even though the Defendant destroyed the repair cost of KRW 698,940, such as the main stand, etc. of the motor system, and the repair cost of KRW 332,176, such as Lart pans, etc. after the vehicle K9 after the vehicle.

2. The Defendant who violated the Road Traffic Act (refluence of measurement) driven a motor vehicle while drunkly under the influence of alcohol, such as smelling and smelling on the face of the Defendant from a slope H belonging to the Seoul Gwanak Police Station G G of the Seoul Maak Police Station and one other, dispatched after receiving a report of an accident as described in paragraph (1) around 00:3, Nov. 13, 2017.

In order to determine a person due to a reasonable reason, the person was requested to take a drinking test without justifiable reasons, but the person was requested to respond to the drinking test at intervals of about five minutes, but the person did not comply with the request without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. A traffic accident report, and intensity at the scene of a traffic accident;

1. On-site photographs and reports on site conditions;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of each written estimate statutes;

1. Articles 148, 54(1) (a) of the Road Traffic Act and Articles 148-2 and 44(2) (a) of the Road Traffic Act concerning facts constituting an offense; and Articles 148-2 and 148-2(1)2 of the Road Traffic Act;

1.Article 40 of the Criminal Code of Trade and Trade.

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