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(영문) 수원지방법원 안산지원 2013.06.21 2013고정375
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a C-A-Wurt Motor Vehicle.

On November 27, 2012, the defendant, around 21:40 on November 27, 2012, at the speed of 100 km, at the speed of 3 lanes in Incheon, the third direction of the Highway, which is the Hah-dong located in Sinung-dong, at the speed of 3 lanes in Incheon.

A person engaged in driving motor vehicles was found to have been driving the victim D's rocketing drive, which was driven by negligent negligence in front of the course, even though he/she had a duty of care to prevent an accident due to his/her failure to perform his/her duty of care.

Therefore, even though the damaged vehicle was damaged by the repair cost of KRW 1,976,575, it did not immediately stop and check the damage.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A written statement;

1. The actual condition survey report;

1. Application of each photograph (not more than 23 pages, not more than 29 pages, and not more than 49 pages), toll receipts on expressway, certificate of vehicle driving on expressway for third-party expressway, and written estimate to the Acts and subordinate statutes;

1. Relevant Articles 148 and 54 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On November 27, 2012, the Defendant: (a) around 21:40, while under the influence of alcohol at a 0.123% alcohol level, the Defendant driven a vehicle with approximately KRW 30 km from Sinpo-si to Sinpo-dong at the third Hanung-dong located in Sinpo-dong at Sinpo-si to the site of an accident involving Sinpo-dong Highway.

2. Determination

(a) The blood alcohol concentration at the time of driving can be presumed as a result of calculation based on a veterinary method using the so-called submark formula if it is not possible to measure the blood alcohol concentration by examining the driver’s blood, respiratory and other samples immediately after driving, but the facts of the constituent elements of the crime.

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