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(영문) 전주지방법원 2016.07.05 2016고정339
도로교통법위반(사고후미조치)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On January 7, 2016, the Defendant violated the Road Traffic Act (after-accidents), driving a B M& car as a duty, and driving a three-lane in front of the D M&C in the Yansan-gu Seoul Special Metropolitan City as a duty, using a one-lane distance from the front line to the front line Museum at the front line.

The driver of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the apparatus such as the electric-side system, brake system, steering system, etc.

Nevertheless, while under the influence of alcohol level 0.106% in blood, the Defendant driven two lanes prior to the physical negligence, which caused the Defendant to neglect it, and caused the Defendant to damage the said car by taking a part of the lower part of the lower part of the Defendant’s passenger car, following the left-hand part of the Defendant’s passenger car, which was temporarily stopped in accordance with the preceding subparagraph (48 years old), with approximately KRW 4,021,100 of the repair cost, in front of the right-hand passenger car.

However, the Defendant immediately stopped and did not take necessary measures such as checking the damage status.

2. Around 22:45 on January 7, 2016, the Defendant violated the Road Traffic Act (drinking) driven a B-E-car from the front day of the pool-gu restaurant in the front day of the front day of the front day of the front day with the alcohol level of 0.106%, while under the influence of alcohol level of 0.106% among blood, to the front day of the pool-gu restaurant in the front day of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident, and photographs of each vehicle;

1. A copy of the report on detection of a driver of a drinking alcohol, a copy of the usage register of a drinking measuring instrument, a report on voluntary accompanying of a suspected violation of road traffic law, a report on the circumstances of a driver of a drinking alcohol, a appearance, uniform, language, and attitude of a driver of a drinking alcohol;

1. A report on internal investigation (related to images of damaged vehicles);

1. Application of the statutes governing a written estimate;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking) concerning facts constituting an offense, the applicable law, the traffic law of which is chosen, and the traffic law of roads.

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