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(영문) 서울중앙지방법원 2014.06.12 2014고정2252
도로교통법위반(사고후미조치)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a KS5 car volume.

1. Around 02:35 on March 30, 2014, the Defendant: (a) driven the said vehicle with a blood alcohol concentration of 0.142%; (b) pursuant to the Gangnam-gu Seoul Chungcheongnam-dong 129, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, the Cheongdo-dong 129, toward the direction of the Cheongdo-dong 129, the left turn to the left at the direction of the game.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by making a left-hand turn to the center of the intersection.

Nevertheless, the defendant neglected to turn to the left a wide range of crossings, and contacted the back part of the victim's D-business taxi left the left according to three-lanes of the same direction with the front side of the vehicle driven by the defendant.

Ultimately, the Defendant, due to the above occupational negligence, destroyed the damaged vehicle so that the 560,800 won of the repair cost can be moved away from the site without immediately stopping and taking necessary measures.

2. On March 30, 2014, the Defendant: (a) driven B K5 cars while under the influence of alcohol of 0.142% of alcohol content in the section of approximately 1.3km from the front of the Gyeonggi-gu Sports Complex located in Samsung-dong, Gangnam-gu, Seoul to the intersection of the southwest of the 129 Young-dong, Cheonggu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Fact-finding survey report, traffic accident occurrence report, drinking record, circumstantial statement of a drinking driver, and report on detection of a drinking driver;

1. Written estimate;

1. Application of Acts and subordinate statutes to vehicle photographs and accident scene photographs;

1. Relevant legal provisions concerning facts constituting a crime, Articles 148 and 54 (1) of the Road Traffic Act that choose a penalty, Articles 148 and 54 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for each crime;

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.

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