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(영문) 광주지방법원 순천지원 2015.04.10 2015고정59
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, 100,000 won.

Reasons

Punishment of the crime

The defendant is the driver B of the sub-party.

On September 25, 2014, the Defendant, while under the influence of alcohol at 0.097% of blood alcohol concentration, proceeded at a speed of about 60 km from the right malk to the right malk-ri speed of the bus terminal located in opticalyang-si, Gwangju-si at a speed of 0 km from the right malk-ri to the right malk-ri speed of 3 lanes.

The left-hand side of the proceeding direction at the time is installed a central separation zone, so the driver had a duty of care to operate safely by accurately operating the steering gear and the steering system while properly considering the front left-hand side when driving.

Nevertheless, the Defendant was negligent in driving and was on the front side of the vehicle driven by the Defendant, and was on the front side of the vehicle, which was owned by the head of the maintenance and management office.

Ultimately, the Defendant, by occupational negligence, escaped without taking necessary measures at the site, while carrying out incidental traffic accidents so that the amount equivalent to KRW 416,460, such as the replacement of annual seat owned by the net Do maintenance and management office.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. A written report from an employee of an employer;

1. Inquiry into the result of the crackdown on drinking driving;

1. Written estimate of damage;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of running a sound driving);

1. Selection of an alternative fine for punishment;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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