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(영문) 서울중앙지방법원 2016.08.24 2016고정2103
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who is engaged in driving service of a motor vehicle lurged by the Defendant in violation of the Road Traffic Act (after-accident).

On April 18, 2016, the Defendant driven the above vehicle at around 03:50 on April 18, 2016, and was negligent in failing to perform his/her duty of drinking and drinking at the front of Jongno-gu Seoul Metropolitan City (Seoul), while he/she driven the front road at the seat of 7, the Defendant left the scene of the accident without immediately stopping and leaving the scene of the accident without taking necessary measures, while he/she was negligent in failing to perform his/her duty of drinking and drinking at the seat of 6,00.

2. On April 18, 2016, the Defendant was under the influence of around 03:50 on the blood alcohol level of 0.102% without a vehicle driver’s license, and the Defendant was driving from around 6km to the front side of the entrance of Seongbuk-gu Seoul Seongbuk-gu Ftel, Seoul to around the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A traffic accident occurrence report;

1. Written statements (D) and statements made by police about D concerning the occurrence of a traffic accident;

1. The driver's license ledger;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes of the investigation report (the cases of application of the aforementioned dmark formula);

1. Articles 148, 54(1) (a) and 148-2(2)2, 44(1) (a) and 152 subparag. 1 and 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

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