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(영문) 대구지방법원 서부지원 2013.06.12 2013고정605
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around 17:40 on March 27, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.172%, and the Defendant driven Bone Starsch Rexn vehicle in the section of approximately one kilometer from the street in front of the office of the North Seado in Yongsan-gu, Daegu to the front of the same sex high school located in the same Dong and located in the same Dong.

2. Violation of the Road Traffic Act (AFS) at the above time, the Defendant started the said vehicle that was parked on the right side of the opposite kindergarten in the direction of the priority kindergarten from the bank as a seafarer of the fire-fighting road in front of the North Seado conference in Yongsan-gu, Daegu-gu.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to check the safety of the course by checking the right and the right and the right of the motor vehicle, and to prevent the accident by driving the motor vehicle safely.

Nevertheless, the defendant neglected this and caused the damage vehicle to be flicked by the victim C(the age of 42) who was flicked due to the negligence of driving the vehicle by driving the vehicle as it is, and caused the damage vehicle to be flicked on the left side of the back of the driver's vehicle volume.

Ultimately, the Defendant destroyed the damaged vehicle by occupational negligence as above and escaped without taking appropriate measures against the traffic accident even though it damages 110,000 won of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Photographs and on-site guidance;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Statement to C by the police;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of fines;

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 for the detention of a workhouse;

1. The order of provisional payment;

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