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(영문) 수원지방법원 안산지원 2018.08.29 2018고정387
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, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle for SM6.

1. On 20:30 on 01, 201, the Defendant violated the Road Traffic Act (measures after Accidents) provided that the National Highway No. 39, Dog-dong, Y-gu, Yansan-si, Yansan-si, Sinsan-si, Sinsan-si, would drive the national highway at a non-speed speed among the two-lanes in the military and military speed. However, when driving a motor vehicle as a driver, the Defendant had a duty of care to prevent accidents while driving the national highway safely by using a designated lane.

Nevertheless, while the Defendant neglected this and obstructed driving, the Defendant: (a) borrowed the two-lanes from the Victim C Driving that had been driving at normal intervals; and (b) failed to withdraw measures, such as restoration of damage and prevention of secondary traffic accidents, even though the Defendant damaged the property equivalent to KRW 135,00,00 for the repair cost, the Defendant failed to stop the vehicle and escaped from the Gu road.

2. On the same date and time as described in paragraph 1, the Defendant violated the Road Traffic Act (divated driving) operated approximately 35 kilometers of alcohol level in the state of alcohol level of 0.139% in blood, and operated approximately 35 kilometers of volume from the fluence Eup to the fluence of Ansan-si, Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. Application of the written estimate for vehicle repair;

1. Article 148, Article 54(1) (Measures Not Taken after Accidents), Article 148-2(2)2, and Article 44(1) (excluding the choice of fines for negligence) of the Road Traffic Act concerning facts constituting an offense (Article 148, Article 54(1)) of the relevant Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the defendant does not have the same criminal record as the defendant, but the defendant runs away after the accident, the amount of alcohol concentration during blood, the circumstances of drinking driving, and the distance, etc.) is higher than that of the Criminal Procedure Act.

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