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(영문) 대전지방법원홍성지원 2020.10.14 2020고단697
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of 18 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. Violation of the Road Traffic Act (AFS) is a person who is engaged in the driving of BPoter II cargo vehicles.

On May 18, 2020, the Defendant driven the above cargo vehicles around 19:00, and led the Defendant to drive the above cargo vehicles from C to D from the side, a 63-lane 63, Gwangjin-gu, Hongcheon-gun, Hongcheon-gun, Gwangjin-do.

Since there is a center line of yellow solid lines, in such cases, a person engaged in driving a motor vehicle has a duty of care to drive the motor vehicle safely without breaking the center line.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was driven by the injured party E (Nam, 42 years old) who was driven by the negligence going beyond the central line, and received the front part of the F Hyundai Green City bus driven by the injured party E (Seoul, 42 years old) as the front part of the said cargo vehicle.

Ultimately, the Defendant, by occupational negligence, destroyed the above city bus amounting to KRW 2,879,870 in total of repair costs, and left the site without immediately stopping and taking necessary measures.

2. Violation of the Road Traffic Act (driving) the Defendant driven the above cargo vehicle while under the influence of alcohol of about 0.191% of alcohol concentration at approximately 8km from the front of the Hongsung-gun G to the first road located in the same H of the same military.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Statement of the statement of the status of the principal driver, written estimate for inspection and maintenance of the motor vehicle;

1. Application of the Acts and subordinate statutes governing black boxes, video CDs and field photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (3) 1, 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 accidents), and the choice of fines;

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 provides that a provisional payment order shall be issued.

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