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(영문) 광주지방법원 순천지원 2014.11.26 2014고정633
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 driving a BF Launa car.

On July 4, 2014, the Defendant driven the above vehicle under the influence of alcohol of 0.104% with blood alcohol concentration of 0.104% on July 4, 2014, and led to the rapid intersection of the distance in front of the life and in front of the day in the Gyang-si route, from the side of the primary apartment of the State, to the Pung-si restaurant at a speed that is impossible to see one lane.

Since there is a place where traffic control is not performed, the width of the intersection is wider than that of the road that is being driven, when there is another vehicle seeking to enter the intersection from a wide road, the driver has the duty of care to yield the course to the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was driven by the Defendant on the front side part of the car driven by the Defendant with the rear wheels and fences of the DSS5 car driven by the victim C, which was driven by the right side in the left side of the moving direction (two-lanes) due to the negligence of driving the vehicle as it is.

Ultimately, the Defendant, by negligence in the course of performing the above duties, escaped without taking necessary measures even after carrying out the incidental traffic accident so that the repair cost equivalent to KRW 953,618, such as the exchange of damaged vehicles, etc.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1) (1)

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of fines;

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

1. Articles 70 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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