logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.11.21 2014고정1770
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car BM520.

On June 26, 2014, the Defendant driven the said car under the influence of alcohol of 0.094% with blood alcohol concentration on 02:31, and driven the said car along the same line of 73 East-dong, Seongdong-gu, Seoul, pursuant to one lane at the speed of about 100 km from the west-dong of the Seoul Metropolitan Government along the speed of 73-dong-dong-dong, the parallel of the two-lane, and changed the course to the parallel of the two-lane.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by changing the way safely without impeding the normal driving vehicle on the lane in which he/she intends to change the course.

Nevertheless, under the influence of alcohol, the Defendant was unable to perform so, and due to the negligence of the Defendant’s driving, and the victim C, who was driving the two-lanes of the above car, was placed at the left side of the D private taxi driving by the victim C, who was driving the two-lanes.

Ultimately, the Defendant destroyed the above vehicle of the victim’s driving with a view to the amounting to KRW 896,800 for repair costs due to the above occupational negligence and escaped without immediately stopping the vehicle and taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A survey report on the actual condition, a report on the statement of the actual status of a drinking driver, a criminal investigation report (applicable drone), and a report on detection of a drinking driver;

1. Application of the written estimate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destruction and damage), the selection of fines for each crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow