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대전지방법원 2014.06.18 2014고정729
도로교통법위반(사고후미조치)등
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant also is a person who is engaged in driving a cargo vehicle.

On December 21, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.103% of alcohol concentration on blood on December 21, 2013, while driving the vehicle, and driving the road in front of the irrigation gate in the Dong-gu Daejeon-gu, Daejeon toward news or twit at the right edge.

In such cases, the driver of a motor vehicle has a duty of care to safely check the rear and the left and right of the motor vehicle in advance.

Nevertheless, while under the influence of alcohol, the defendant neglected it and proceeds behind the motor vehicle of the defendant with a maternal negligence.

The front part of the taxi operated by the victim C in the manner of stopping was shocked by the defendant's back part of the taxi.

As a result, the Defendant destroyed or damaged the damaged vehicle’s property that requires repair worth approximately KRW 228,500 due to the above occupational negligence, but did not immediately stop and run away without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the actual state of the driver;

1. A report on detection of a host driver;

1. Written estimate;

1. An accident site photograph;

1. Application of the statutes governing the actual condition of traffic accidents;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2, 44 (1) (a point of sound driving), 148, and 54 (1) (a point of action after accident) of the Road Traffic Act, the choice of fines, and the choice of fines;

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

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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