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(영문) 수원지방법원 성남지원 2017.09.22 2017고정944
도로교통법위반(사고후미조치)등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. A person who has violated the Road Traffic Act (not to take any measure after an accident) is driving a B SP vehicle;

On February 1, 2017, around 01:20 and around 01:20, while driving the above vehicle while under the influence of alcohol in the Han-gu (0.139%, and the above dmark), the section of about 5 km from the Geum-dong around the Geum-gu in Sung-nam-si, Sung-nam-si, the accident site was driven at the speed of approximately 70 km/h (Defendant’s statement) in the direction of the ICS in the direction of the Seo-gu Office of Seoul Highway, which is permissible at a point of 10.7 km in the same Dong-dong as the accident site.

In such cases, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the steering system, brakes and other devices of the vehicle, and to prevent accidents.

However, the defendant is driving along the road while neglecting such duty of care, and the defendant is shocked to the right side of the road along the direction of the road, and damages the property of about KRW 662,415 on the repair cost, and leaves the site without taking necessary measures.

2. The defendant is a person who is engaged in driving of the vehicle as provided in the above paragraph (1).

On February 1, 2017, around 01:20, in the vicinity of the Geumdong-dong Geumdong-dong Geumdong-gu, Sungnam-si to the point of 10.7km of the same Dong-dong-dong Seoul Highway 10.7km of the same Gu, the above vehicle was driven under the state of 0.135% (0.135%) of alcohol concentration in blood while driving the above vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2), on-site, vehicle photographs, and estimates;

1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act and Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148-2 and 44(2)2, and 44(1) of the Road Traffic Act concerning facts constituting an offense, the selection of fines for negligence, as well as the selection of fines;

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. The Criminal Act to attract a workhouse;

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