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(영문) 광주지방법원 순천지원 2017.09.08 2017고정233
도로교통법위반(사고후미조치)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS7 car.

On February 24, 2017, the Defendant driven the said car under the influence of alcohol content of 0.090% from blood transfusion around 02:05, while driving the said car at a speed of 0.09%, and driven the road prior to the D exhibition center, which is located in C at the point of both service distance, at such a speed that it is impossible for the Defendant to know from the side of both service distance to the point of water viewing.

At the time, there are nights, and there are four-lanes in which the center is installed, so that a person engaged in driving of a motor vehicle has a duty of care to live well in the front and the surrounding areas, and to accurately operate the steering direction and the brake system of the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and failed to accurately manipulate the steering gear, etc. while driving a vehicle without accurately manipulating it, shocked the center separation zone by negligence, and exceeded it, and received a part of the F.E., which was parked in the fourth lane opposite to the above K7 vehicle, followed the Defendant’s vehicle in the top of the above K7 vehicle.

Ultimately, the Defendant, by occupational negligence, escaped without taking necessary measures, such as destroying and damaging the above central separation unit and the above low-priced car to cover KRW 2,931,00 and KRW 2,831,882, respectively, and without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Written estimate;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148, 54 (1), 148-2 (2) 3 and 44-2 (1) of the Road Traffic Act, the selection of fines for criminal facts, as well as the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The argument in this case, such as the defendant's age, sex, family relation, environment, circumstances and result of the crime, etc., that there is no criminal conviction for the reason of sentencing under Article 334 (1) of the Criminal Procedure Act, reflects the fact that there is no criminal conviction for the defendant, and other circumstances after the crime.

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