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(영문) 의정부지방법원 고양지원 2012.11.30 2012고합286
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On March 14, 2012, the Defendant was a person engaging in driving of CMFW car. On March 14, 2012, the Defendant: (a) was driving the said car at the entrance of the Dtel at Goyang-dong, U.S. (U.S.); (b) followed by an occupational negligence that failed to accurately operate the steering direction and brake devices of the building and entered into an underground parking lot; (c) reconfising the front door column of the building; and (d) destroyed the F office glass of the victim E to damage the said office cost of KRW 4,598,00,000; and (d) failed to immediately stop the vehicle and take necessary measures to prevent danger in traffic and ensure smooth traffic.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) has reasonable grounds to recognize that the Defendant driven the said BM car at a section of about 2 km from the speed from the front line of Il-dong, Dong-dong, U.S. to the place specified in the preceding paragraph at the time and time set forth in the preceding paragraph, the Defendant did not comply with a request for a drinking test without justifiable grounds, even though he was requested by a police official for a drinking test on three occasions from 09:53 to 10:14 minutes from the G District on March 14, 2012 at the same G District, the same time as set forth in the preceding paragraph.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and E;

1. Results of each CCTV verification by this Court;

1. A traffic accident report, a report on detection of a drinking driver, a circumstantial report on a drinking driver, and a register of users of a drinking measuring instrument;

1. Written estimate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 14 (2) of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure such facts), and the choice of fines;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be increased by concurrent crimes with the punishment specified for the crime not subject to measures after the accident];

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