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(영문) 부산지방법원 동부지원 2014.05.19 2014고정477
도로교통법위반(사고후미조치)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person driving a shower car.

1. Around 03:28 on December 15, 2013, the Defendant driven the said vehicle at a section of approximately 300 meters prior to the point of “afterward” located in the Southern-dong, Suwon-gu, Busan, under the influence of alcohol concentration of 0.140%.

2. Violation of the Road Traffic Act (In case of an accident) the Defendant driven the above vehicle at the same time as in the preceding paragraph and proceeded with the road in front of the "after" located in the luminous dong in Busan, and in such a case, the driver of the vehicle has a duty of care to prevent the accident by driving the vehicle in a safe and safe manner.

Nevertheless, the defendant's negligence of driving the vehicle by neglecting it, led the victim C's Domina that was driven in the direction of Southern East-do from the surface of the C's driving, to the left-hand part of the vehicle of the defendant.

When the Defendant, due to the above occupational negligence, destroyed the unpaid property on the vehicle of the above Sejong, the Defendant escaped without any necessary measures, such as immediately stopping at the site, but neglecting the Defendant’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. A traffic accident report (1), 2 (2);

1. Application of Acts and subordinate statutes to accident scene and vehicle photographs;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of sound driving) and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);

1. Selection of each alternative fine for punishment;

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 to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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