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(영문) 광주지방법원 2015.01.29 2014고단4176
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

The Defendant is a person engaging in driving a Party B’s car.

On October 22, 2014, at around 01:15, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.249%, and, at the same time, continued to drive a road front of the “Dcafeteria” in Gwangju Mine District C along the seven-lanes from the side of Gwangju Metropolitan City, along the eight-lanes from the side of Gwangju Metropolitan City.

At the time, the road was at night and at least 8 lanes, so there was a duty of care to check and proceed on the safety of the course by reducing speed and checking well the front side of the road.

Nevertheless, the Defendant, by negligence of neglecting the influence of alcohol, failed to stop immediately so that the victim’s car can be repaired to the right-hand side of the F-hurged car operated by the victim E, which was parked on the right-hand side of the running direction, and failed to take necessary measures such as providing relief to the victim, etc., even though the victim’s car is damaged to be repaired to the left-hand side by an exchange of the 671,118 won, such as exchanging the car between the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The circumstantial statement (A) and the report on the detection of a host driver (A);

1. The actual condition survey report;

1. Application of written estimate (F)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (2) 1 and 44 (1) of the Road Traffic Act, the selection of fines for each crime;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was driving in a very high state with blood alcohol level of 0.249% and did not take necessary measures to raise a traffic accident. The defendant was aware of the fact that he was punished for the crime of drinking driving in the past.

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