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(영문) 대구지방법원 2014.08.22 2014고정1763
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of BLA car.

1. Around 06:00 on May 25, 2014, the Defendant violated the Road Traffic Act (e.g., after-accident), driving the said vehicle, leading to the bypassing distance from the direction of the Daegu Kaol University to the direction of the Daegu Mool University.

In such cases, a driver of a motor vehicle has a duty of care to ensure that he/she shall not drive a motor vehicle at a speed and in such a manner as to endanger or interfere with others according to road traffic conditions by accurately manipulating the steering system, brake system, etc. of the motor vehicle.

Nevertheless, the Defendant did not take any measure against the Defendant, by negligence bypassing it as it is, on the left-hand side of the D-car volume driven by the victim C, who was in the atmosphere of the Daegu K-Tol University in the direction of the Daegu-Tol University, following the left-hand side of the D-car volume driven by the victim C, and did not take any measure against the damage of property equivalent to KRW 3,744,431, such as the spread of the damaged vehicle, etc.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at a level of about three kilometers from the front day of the Heae Park located in the Daegu Dong-gu, Daegu-si to the fall under the fall or under the fall or underground map of the Sinsan-si, Sinsan-si, under the influence of alcohol level of 0.072% of the blood alcohol level at the temporary border (such as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident occurrence report, a actual condition survey report, on-site photographs, and estimates;

1. Application of Acts and subordinate statutes to investigation reports (in relation to measurement of suspect drinking), reports on suspect drinking, statements on the state of drinking drivers, investigation reports (demark), and reports on detection of drinking drivers;

1. Relevant Articles 148, 54 (1) (a) and 148, 54 (2) 3, and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, the choice of penalties, and the selection of fines;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is added.

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