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(영문) 춘천지방법원 2016.04.07 2016고단153
도로교통법위반(사고후미조치)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person driving a car in the NAS Scoo.

1. On November 2, 2015, the Defendant driven the above vehicle at around 02:08, and led the Defendant to take a step back on the front of the D-ju shop located in Chuncheon City C.

In such cases, all drivers have a duty of care to prevent accidents by accurately operating the steering direction and brakes accurately and safely.

Nevertheless, the Defendant neglected such duty of care and caused the main wall of the victim E (60 3,00) that was installed in the direction of the aftermath by negligence in the latter part of the above vehicle.

Therefore, even though property equivalent to KRW 1,209,151 is damaged, it was immediately stopped and did not take necessary measures, such as removal of traffic hazards and obstacles, and left the site;

2. On November 2, 2015, the Defendant driven the above vehicle while under the influence of alcohol by 0.132 percent of alcohol concentration from the 3rd section of the same city-ro 1 to the front road from the aftermath of the National University of Chuncheon-si, Chuncheon-si, the Defendant driven the vehicle in the influence of alcohol content of about 0.132 percent from the 3rd section of the same city-ro to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and the results of crackdown on drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 2, 44 (1) (the point of drinking), 148, and 54 (1) (the point of failing to take any measure after destruction) of the Road Traffic Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant reflects the Defendant’s mistake in depth, the Defendant has no record of criminal punishment, and the instant traffic accident is not for other vehicles or pedestrians, but for the damage of the main wall.

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