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(영문) 의정부지방법원 고양지원 2017.01.05 2016고정977
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who drives Bcoon as a driver of C-car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escapeing vehicle) and the Road Traffic Act (ii).

On October 04, 2015, the Defendant driven the above vehicle while under the influence of alcohol level of 0.075% in the blood, from the tri-dong meal East Hospital at the time of high-sea around 09:10 on March 04, 2015, while driving the vehicle in the state of under the influence of alcohol level of 0.075% in blood, and driving the vehicle on the surface of the c

Since there is a road where a central line is installed, the driver has a duty of care to prevent accidents by proceeding to the right side of the central line.

Nevertheless, the Defendant neglected to do so and went beyond the median line and brought about the fences in front of the driver's seat of the victim C(52 years old) driving, which was located in the opposite lane, due to the negligence of going beyond the median line.

Ultimately, due to the above occupational negligence, the injured party suffered from the injury of the scopical scopher, etc. in need of two weeks of treatment, and at the same time, the injured vehicle destroyed the amount of KRW 6,223,140 to the damaged vehicle without any measures such as providing relief to the injured party by immediately stopping.

2. On October 04, 2015, the Defendant violated the Road Traffic Act (drinking) driving a B c car under the influence of alcohol concentration of 0.075% while under the influence of alcohol level 0.075% during blood while driving a c car in the state of alcohol level 0.075%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. A vehicle estimate;

1. Investigation reports on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, and application of Acts and subordinate statutes on the circumstantial reports of drivers;

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148 and 148-2 subparag. 3 and 44(1) of the Road Traffic Act (the driving of alcohol) concerning the crime.

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