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(영문) 춘천지방법원 속초지원 2019.07.10 2018고정164

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 who is engaged in driving of a vehicle Bwing and Class III cargo vehicle.

At around 02:10 on August 30, 2018, the Defendant driven the above cargo while under the influence of alcohol of 0.143% of alcohol content, and left-hand turn on the roads front of D elementary school located in Gangwon Yangyang-gun C from E to the front left-hand side of the midwife distance. As such, the Defendant was negligent in failing to properly operate the brakes and steering gear, etc. without looking at the traffic situation of front and rear left-hands while under the influence of alcohol, and did not immediately stop on the front part of the left-hand side of the Defendant’s vehicle so that the repair cost would be KRW 3,245,000 on the left-hand side of the driver’s vehicle, and did not take necessary measures such as removing any danger and obstacle on the road.

2. Around 01:55 on August 30, 2018, the Defendant driven a B-wing-III truck with a blood alcohol content of 0.143% under the influence of alcohol on a section of about 5km from the roads before a mountain beach, the mountain beach, which is fit for the flow of the mouth Yangyang-gun, Yangyang-gun, to the Changsan-ri road located in the same Eup/Myeon, located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reports on the occurrence of traffic accidents, actual condition survey reports, field photographs of traffic accidents, notification of the results of the control of drinking and driving, report on the circumstantial records of drinking drivers, investigation reports, vehicle making inquiries, details of damage caused by road damage, and forwarding of written statements;

1. Relevant Article of the Act on Criminal Facts, Articles 148 and 54(1) of the Road Traffic Act, Articles 148 and 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for negligence

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the crimes against violation of the Road Traffic Act with heavier punishment (the crimes against not taking any action after the accident] shall be considered respectively;