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(영문) 수원지방법원 안산지원 2013.12.20 2013고정1925
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B.

1. On September 14, 2013, the Defendant: (a) driven the said vehicle under the influence of blood alcohol concentration of 0.260% on September 14, 2013; (b) led the Defendant to drive the said vehicle at a speed of 0.260% on the road at night; and (c) drive the said vehicle at a speed of 301-18 (on the road at a speed of 301-18 (on the side of the sloping elementary school) in the direction of

In this case, the driver has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident.

Nevertheless, the Defendant, who was parked on the right side of the road by negligence, without examining the right side, was shocked by the left side of the victim C-owned D, and continued to run on the left side of the road, and led the victim E-owned lower-tierer who was parked on the left side of the road.

Therefore, the Defendant destroyed KRW 1,569,916 of the repair cost to the D-owned vehicles by means of the replacement of the rearer, etc., and damaged the E-owned F vehicle with approximately KRW 1,320,018 of the repair cost due to the replacement of the rearer, etc., and left the scene without taking any measures.

2. When the Defendant was under the influence of alcohol 0.260% at a time under the foregoing paragraph (1), the Defendant driven the said vehicle from the 200th section of the section of the Act on the Construction of National Road, which was located in the area of the said traffic accident, to the location of the said traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. C’s statement;

1. Application of Acts and subordinate statutes to traffic status survey reports, reports on detection of drivers, and written estimates;

1. Relevant legal provisions concerning criminal facts, Articles 148, 54 (1), 148-2 (2) 1, and 44 (1) of the Road Traffic Act, the choice of fines, and the choice of fines, respectively;

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

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

1. The Defendant’s assertion of the Defendant under Article 334(1) of the Criminal Procedure Act is determined.

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