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(영문) 광주지방법원 순천지원 2014.11.11 2014고단1412
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 driver of a passenger car in the SPP area B.

On July 3, 2014, at around 02:00, the Defendant driven the said vehicle as his duties while under the influence of alcohol of 0.093 percent of blood alcohol content, and led the said vehicle to the intersection of the private distance in front of the North Korean elementary school located in the clcheon-si, at the speed of about 40-50km from the middle school at the port of Samcheon-si to the clsan elementary school.

At the time, the night and the vision of the rain was not good, and the place is the private-distance intersection where the passage is cross-section.

In such cases, the Defendant, who entered the intersection, has a duty of care to check whether there is a vehicle intending to enter the intersection as well as to check whether he/she intends to enter the intersection, and to prevent a traffic accident by yielding the course to the vehicle entering the intersection as possible.

Nevertheless, even if the victim C (year 51) who is driving on the left-hand side showed the light of the vehicle driven by the victim C (year 51), the defendant has contacted the victim's front part of the vehicle due to the defendant's failure to enter the intersection.

Accordingly, the Defendant caused the above-mentioned occupational negligence to have 933,728 won of the repair cost, such as the front driver of the above victim's vehicle.

In such cases, the driver of a motor vehicle immediately stops and takes necessary measures, such as arranging the site, but the defendant did not take such measures.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. The actual survey report on traffic accidents (1) (2);

1. A report on detection of a host driver;

1. Application of the written estimate statutes;

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) 3 and 44 (1) of the Road Traffic Act, and the choice of fines;

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

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