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(영문) 광주지방법원 2013.03.28 2013고정198

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 02:00 on December 16, 2012, the Defendant driven B Costaex mick with the alcohol concentration of 0.127%, and continued to go from the apartment on the side of the apartment by gathering one way in front of the contact point located in the Gastato Center in the Gastro-dong, Chungcheongnam-gu, Gwangju.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front section, the left and left part, and accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, under the influence of alcohol, neglected to do so, followed by the Defendant’s negligence, the part of the victim’s Dives and even doors, which was parked on the right side of the proceeding direction, in front of the head of the Defendant’s vehicle operation, into the front part of the Defendant’s vehicle operation, and continuously parked on the left side of the proceeding direction, the part of the victim’s E F 1t cargo operation on the front side of the victim’s 1st truck operation and the part of the victim’s H Hasller’s G Has car that was parked on the right side of the direction.

As a result, the Defendant left the scene without taking necessary measures to destroy the above damaged vehicle due to the above occupational negligence (the amount equivalent to KRW 1,396,347, and the amount equivalent to KRW 763,883, repair cost).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Written estimate;

1. The initial and actual survey report on traffic accidents;

1. Each photograph (11 pages of investigation records);

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant provisions of Articles 148 and 54 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of taking measures after an accident, the selection of fines) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;