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(영문) 창원지방법원 2013.08.28 2013고정795

도로교통법위반(사고후미조치)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

The Defendant is a person who is engaged in driving of Poter Freight Vehicles.

On February 6, 2013, at around 23:10, the Defendant driven the above vehicle while under the influence of alcohol of 0.171% of blood alcohol concentration, and changed the two-lanes from the side of the luge square to the two-lanes from the luge square to the side of the luge square.

At night, since it was relatively difficult at the front-time, there was a duty of care to change a lane after checking the front-side and right and the right and the right of the driver of the motor vehicle, who is engaged in driving the motor vehicle.

Nevertheless, under the influence of alcohol, the victim D (the 29-year-old) driving of the victim D (the 29-year-old) which was driven along a two-lane due to the negligence of changing the lane by neglecting it, was received as the part of the victim's right-hand side of the vehicle after the left-hand side of the Defendant's vehicle.

The Defendant, by such occupational negligence, did not immediately stop and check the damaged object while destroying and damaging property equivalent to approximately KRW 750,273, such as the spread and exchange of the above damaged vehicle.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. On-site and photographs of accident vehicles;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Written estimate;

1. Application of Acts and subordinate statutes to report on investigation (to listen to shotly telephone statements);

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of fines;

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

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

4. Article 334 (1) of the Criminal Procedure Act.