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(영문) 전주지방법원 2014.02.12 2013고정1209
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives B NY125 Orala.

1. Around 22:05 on October 4, 2013, the Defendant: (a) driven the above Otoba while under the influence of alcohol content of 0.095%; (b) driven the above Obaba; and (c) driven the front road of the Dong-dong village in the luxa of Kim Jong-si, Kim Jong-si; and (d) driven the same toward the sexual virtue on the side of tin.

In such cases, the defendant who drives the Oral Ba has a duty of care to safely drive the front door and the left and right well and to prevent the accident by safely driving it.

Nevertheless, due to the mistake of driving a vehicle by neglecting it, the Defendant was placed in front of the Defendant’s right-hand part of the Dunst car owned by the victim C(32 years old) who was parked at the right-hand edge of the course of the course.

The Defendant damaged the property to cover KRW 20,000 for the repair cost of the damaged vehicle due to occupational negligence as above. At the time, the Defendant left the scene without immediately stopping even if the victim was in a situation where the risk of a new traffic accident was likely to occur because the victim was dead, and did not take measures to cope with the field situation, and left the site.

2. The Defendant violated the Road Traffic Act (driving) at a time and time under the influence of alcohol by 0.095% with blood alcohol concentration 0.095%, the Defendant driven the above Obaba at a section of about 10km in front of the Dong-dong village in front of Kim Jong-si Kim Jong-si, Kim Jong-si, with the exception of paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident actual condition survey report and on-site photographs;

1. A report on detection of a host driver;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines;

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

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