beta
(영문) 대전지방법원 천안지원 2016.05.13 2016고정156

도로교통법위반(사고후미조치)등

Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a driver of a low-priced car.

1. On March 6, 2014, the Defendant driven the said vehicle at a section of about 3km from the area near the sex exchange market in Yanan-si to Pyeongtaek-si, Sungcheoncheon-dong, under the influence of alcohol by around 20:49 on March 6, 201, while under the influence of alcohol by 0.124%.

2. On March 6, 2014, the Defendant violated the Road Traffic Act (e.g., measures to be taken after accidents) followed by 0.124% alcohol concentration in blood, as indicated in paragraph (1) around 20:49 on March 6, 2014, the Defendant proceeded at a speed that the two lanes out of the two-lanes of national highways No. 1 in front of the future apartment in the Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan, Seoan-gu, Seoan-do, the national highway of which is located at a speed that cannot be known from

At the same time, there were cross-sections where signal lights are installed, and there was a vehicle waiting for signal.

In such cases, since a person engaged in driving of a motor vehicle was under the influence of alcohol as above, there was a duty of care to immediately stop the operation of the motor vehicle and immediately stop the operation of the motor vehicle and to accurately manipulate the steering direction, brakes, etc. of the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and proceeded as it is, and instead, received the left-hand part of the victim C's D's automobile in the signal atmosphere as the front right-hand part of the Defendant's driving vehicle.

After all, the Defendant, by occupational negligence, destroyed the back of the vehicle owned by the victim to repair the repair cost of KRW 3,567,287 and escaped without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on the actual condition, a traffic accident report, a report on the detection of the driver at the main place, a statement on the circumstances of the driver at the main place and an investigation report;

1. Written estimate (D);

1. Application of on-site photographs, vehicles and photographs of suspects, photographs of damaged vehicles, and Acts and subordinate statutes concerning photographs of the vehicles under consideration;

1. The relevant Article of the Act and the traffic law of choice of punishment concerning the facts constituting the crime;