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(영문) 서울북부지방법원 2017.02.01 2016고정2497
도로교통법위반(사고후미조치)등
Text

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

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

Reasons

Punishment of the crime

1. A violation of the Road Traffic Act (not after an accident) is a person who is engaged in driving a vehicle with B low-speed.

On September 11, 2016, the Defendant driven the above vehicle while under influence of 0.143% alcohol during blood, and driven the three-lane 3-lane 200 ahead of the Seoul Dongdaemun-gu, Seoul, the head of Dongdaemun-gu, along the three-lane 3-lane 200 ahead from the long-distance distance along the long-distance. The Defendant changed the two-lane to the long-distance.

In such cases, the driver has a duty of care to prevent accidents in advance by changing the course safely to another vehicle in the way that he/she intends to change the right and the right and the right of the road so that the traffic does not interfere with.

Nevertheless, the Defendant neglected to do so and proceeded with the two-lane as it was, and the victim C(50) driven by the two-lanes, which was driven by the victim C(50). The lower part of the left-hand part of the automobile of the Defendant was received as the front-hand part of the passenger car.

As a result, the Defendant: (a) destroyed damaged vehicles by occupational negligence, such as the exchange of “frier” to KRW 446,873, but failed to immediately stop and take necessary measures; and (b) escaped without taking necessary measures.

2. On the date and time set forth in paragraph 1, the Defendant driven a car owned by himself under the influence of alcohol content of 0.143% from around 11-ro, Dongdaemun-gu, Seoul to 200-ro, Hancheon-ro, 11-ro, Dongdaemun-gu, Seoul, to the same Gu-ro, 200-ro, and driving a car under the influence of alcohol level of 0.143%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. A traffic accident occurrence report, an investigation report on the actual condition of a traffic accident, a statement on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Investigation report (the above dmark formula);

1. Written estimate;

1. Application of Acts and subordinate statutes to vehicles and field photographs;

1. Article 148 of the relevant Act and Articles 54 (1) of the Road Traffic Act (referred to as "goods," hereinafter) concerning criminal facts and the selective punishment;

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