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(영문) 전주지방법원 군산지원 2014.04.23 2014고정57

도로교통법위반(사고후미조치)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. 도로교통법위반(사고후미조치) 피고인은 2013. 11. 19. 00:30경 혈중알코올농도 0.218%의 술에 취한 상태로 F 아반떼 승용차를 운전하여 익산시 영등동에 있는 짬뽕프린스 앞 노상을 지나던 중 전방 및 좌우를 잘 살피지 아니하고 조향 및 제동장치를 정확히 조작하지 아니한 업무상 과실로, 그 곳에 주차되어 있던 피해자 G의 전북 H 이스타나 승합차의 좌측 뒷면 부분을 피고인이 운전하는 승용차의 우측 앞면으로 충돌하였다.

Accordingly, even if it is damaged to cover the repair costs for the estimate of the above van, it did not immediately stop and take necessary measures after the accident.

2. The Defendant was under the influence of alcohol by 0.218% at the time and place set forth in paragraph (1) of this Article, and operated a vehicle of 5 km hurfed by 5 km to the front day of the cultural oil station in the Gushshnb, the front day of the Gushnsan-dong at the next time and at the same time and place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The actual condition survey report;

1. A report on detection of a host driver;

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

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lower limit shall be the minimum limit of the punishment determined for the violation of the Road Traffic Act];

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order appears to be that the defendant has no economic ability to bear a fine due to university students. However, on August 29, 2013, there was a record of being punished for a fine of one million won due to a violation of the Road Traffic Act (driving) on August 29, 2013, and the blood alcohol concentration.