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(영문) 서울서부지방법원 2019.01.31 2018고단3846
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving of BAD car.

On October 17, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.140% with a blood alcohol concentration of 0.17% on October 17, 2018, and led the two-lanes in front of Yongsan-gu Seoul Metropolitan Government to proceed at an insular speed along the two-lanes towards the Han River basin from the direction of the Taewon Station.

In such cases, there was a duty of care to safely operate the steering system by accurately operating the steering direction and operating the steering system of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this, and the left part of the E-Wing-hand car parked in the two-lanes of the victim D (the age of 49) was received as the front part of the Defendant’s right-hand part.

Ultimately, the Defendant destroyed the victim’s vehicle to cover approximately KRW 1,335,200 due to the foregoing occupational negligence and escaped without immediately stopping the vehicle and taking necessary measures.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in the preceding paragraph, driving a BAD car while under the influence of alcohol content of about 0.140% from the 1km section from the front of Yongsan-gu Seoul to the front of the same Gu G road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Application of Acts and subordinate statutes to a report on detection of a driver, a report on the actual status of traffic accidents, and a written estimate for maintenance of motor vehicle inspection;

1. Relevant legal provisions concerning the crime, and Articles 148, 54 (1) of the Road Traffic Act that choose the punishment for the crime, and Articles 148, 54 (2) 2, and 44 (1) of the Road Traffic Act (a point where a person drives a motor vehicle is responsible for driving the motor vehicle), the choice of fines for the crime (a point where no record of punishment for the same crime exists, and an agreement is reached, etc.);

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

1. The Criminal Act for the detention of a workhouse;

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