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(영문) 서울북부지방법원 2016.02.17 2015고정1745

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 is engaged in driving a CK3 car.

On May 29, 2015, the Defendant driven the above vehicle around 04:40 on May 29, 2015, and became a Uton in the direction of the Seoul Cultural Foundation in the direction of the Sungdong-gu Urban Management Corporation.

In such cases, a person engaged in driving of a vehicle shall accurately operate the steering system, brakes and other devices of the vehicle, shall not drive the vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the vehicle, and has the duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the defendant neglected this and went through without neglecting the front city, and used a pedestrian signal device installed on the right side of the U.S. road traffic island as it is by negligence.

Ultimately, the Defendant, by occupational negligence, destroyed a pedestrian signal apparatus that is worth KRW 5,196,963 and escaped without immediately stopping and taking necessary measures.

2. Defendant 1, while under the influence of alcohol level of 0.13% during the day-to-day alcohol level, was driven by Defendant 2, who violated the Road Traffic Act (drinking) at approximately KRW 1.5 km from Seongdong-gu Seoul, Seoul to Gosan, Dongdaemun-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Drinking result;

1. A report on the detection of a primary driver;

1. An explanatory note;

1. Written estimate;

1. Application of Acts and subordinate statutes of the investigation report (the applicable numerical value of the above dmark formula);

1. Article 148 of the relevant Act and Articles 54(1) of the Road Traffic Act concerning criminal facts as well as the selective punishment (after accidents)