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(영문) 전주지방법원 군산지원 2015.10.07 2015고정309
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a observer car B.

On March 5, 2015, the Defendant driven the said car under the influence of alcohol level of 0.160% on blood alcohol level around 01:55, and continued to drive the said car at approximately 70 km of the speed of 4-lane of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

At the time, the traffic signal was installed at night, and in such a case, there was a duty of care to safely drive the vehicle according to the traffic signal by viewing the front door and accurately operating the steering and steering system to the person engaged in driving the vehicle.

Nevertheless, the Defendant neglected to do so and instead received the front part of the DNA truck drivened by the victim C, which was driven by the victim C with the outer Tri-distance distance from the northwest Tri-west, by disregarding the vehicle stop signal as it is, and by negligence, was driven in front of the left part of the said vehicle.

Ultimately, the Defendant, due to the occupational negligence above, destroyed the above cargo vehicle so that the repair cost equivalent to KRW 188,848, such as the exchange of front-hands to the victim, but immediately stopped, and escaped without taking necessary measures for preventing danger and smooth communication on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of running a sound driving);

1. Selection of each alternative fine for punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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