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(영문) 광주지방법원 2013.10.08 2013고단3246
도로교통법위반(사고후미조치)등
Text

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

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

Reasons

Punishment of the crime

1. On July 12, 2013, the Defendant was under influence of blood alcohol concentration of 0.147% on July 22, 2013, the Defendant driven B rocketing car from the road front of the Southern-gu Southern-dong, Gwangju-gu, Gwangju to the 478-2 front road.

2. Violation of the Road Traffic Act (AFS) by the Defendant is a person engaged in the operation of B rocketing and other automobiles.

On July 12, 2013, the Defendant driven a car while under the influence of alcohol as above, and led the Defendant to proceed with the road of four-lanes in front of the 1015-6 member oil station in Nam-gu, Nam-gu, Gwangju along a four-lane road in front of the 1015-6 member oil station in Nam-gu.

At night, in such a case, the Defendant, who is engaged in driving duty, had a duty of care to prevent accidents by accurately manipulating the steering gear, brake system, etc.

Nevertheless, the Defendant neglected this and negligently driven the vehicle driving at the center line on the left side of the vehicle driving direction of the Defendant, and received the prohibition zone of unauthorized crossing owned by the Republic of Korea, which is set up in C, as part of the Defendant’s passenger vehicle driving force.

As a result, the Defendant, by negligence in the course of performing his duties, destroyed the above prohibition zone of the unauthorized crossing, which is approximately KRW 850,00,000, and immediately stopped, thereby checking the existence of damage, and escape without taking necessary measures to prevent the danger and ensure smooth communication.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of a traffic accident prepared C;

1. The survey report on the actual condition, on the site, and photographs of the harming vehicles and control places;

1. A report on detection of, and investigation into, a host driver (related to the application of the Tramark formula);

1. Application of the written estimate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning criminal facts, the decision of punishment for the failure to take measures after destroying or damaging things under Articles 148 and 54 (1) of the Road Traffic Act; and

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