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(영문) 서울북부지방법원 2013.05.30 2013고단573
도로교통법위반(사고후미조치)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a press mix B.

On January 27, 2013, at around 18:45, the Defendant driven the above van while under the influence of alcohol concentration of 0.190% from the side of the Dowing Station, Dobong-gu Seoul, Seoul, the direction of the “HV pumps” located in the 683-45, Dobong-gu, Seoul.

At the time, there are many parked vehicles at night and their places, so there are many ways to pass by people, so there was a duty of care to prevent accidents by properly manipulating the steering wheel and brakes to those engaged in driving service.

Nevertheless, the Defendant, under the influence of alcohol, escaped without taking any measure to damage 52,628 won of the repair cost, by shocking the part on the right side of the Drocketing car owned by the victim C, which was parked on the right side of the direction of the operation by failing to properly operate the steering gear and the steering gear, due to the negligence of not operating the steering gear, and by failing to take any measures to reduce the repair cost to the 52,628 won.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

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

1. Application of written estimate of general repair costs to Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148, 54 (1) of the Road Traffic Act, the choice of fines, etc., and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which provide for the choice of fines;

1. Of concurrent crimes, the number of concurrent crimes within the scope of the total sum of the amounts of each crime as prescribed by the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest of the punishment shall be applicable to the punishment determined for the violation of the Road Traffic Act) from among concurrent crimes;

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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