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(영문) 부산지방법원 2018.05.16 2018고정571
도로교통법위반(음주운전)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

1. On August 23, 2017, the Defendant was under the influence of alcohol level of 0.117% from blood transfusion around 06:30 on August 23, 2017, the Defendant driven a G-string vehicle from the 700-meter section to the front day of Ftel through the E-ray path located in C hotel in the Busan East-gu, Busan through D.

2. The Defendant violated the Road Traffic Act (after-accident) at the time of paragraph 1, driven the above low-priced car and went back to the Eart in Busan Dong-gu.

In such a case, a person engaged in driving service has a duty of care to check and keep the safety by properly examining the traffic situation of the rear bank due to the rear death.

Nevertheless, the Defendant neglected to do so and instead received I radar cargo owned by the victim H(62 3) who was parked in order to distribute a rice Luxembourg market newspaper at the aftermath of the bend, as it was due to the negligence of the Defendant’s negligence, and received the back of the left-hand panion of the passenger vehicle with the top-hand panion in front of the passenger vehicle.

Ultimately, by occupational negligence as seen above, the Plaintiff destroyed the property to cover the repair cost of approximately KRW 444,00,000, such as the exchange of the traps with the traps, but did not immediately stop and take necessary measures, and went away from the site without leaving the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A traffic accident report;

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

1. Application of the written estimate for motor vehicle inspection and maintenance;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point before drinking), Articles 148 and 54 (1) 9 of the Road Traffic Act concerning criminal facts, the choice of fines, respectively;

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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