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(영문) 서울북부지방법원 2016.09.01 2016고정1240
도로교통법위반(사고후미조치)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Non-accidentd Measures) (the Defendant is a person engaged in the duty of driving a new-sea-burged vehicle B;

On November 22, 2015, the Defendant driven the above vehicle while under the influence of 0.189% of alcohol concentration without obtaining a driver's license on November 22, 2015, and proceeded in one way between two lanes in the direction of the eternal basin in front of Jongno-gu Seoul, Jongno-gu, Seoul.

In this case, a person engaged in driving of a motor vehicle has a duty of care to accurately operate the brake or steering gear according to the structure and performance of his/her motor vehicle, and to prevent an accident by taking into account the situation of the front and right-hand traffic.

Nevertheless, the defendant neglected to do so and caused the destruction of unauthorized crossings installed at the center of the left side of the running direction of the defendant to conflict with the part which is the left side of the defendant's vehicle, thereby scattering the road.

Ultimately, even though the Defendant destroyed and stopped the traffic safety facilities so as to be in the state of repair costs due to such occupational negligence, the Defendant left the site without taking necessary measures, such as preventing and removing traffic risks and obstacles, and ensuring safe and smooth traffic.

At around 21:30 on the same day, the Defendant continuously destroyed the front part of the bus driver's seat in front of the victim D (year 50) driven by the bus stops adjacent to the bus stops in the Si-Dong-dong Hospital in Dongdaemun-gu, Dongdaemun-gu, and failed to take necessary measures, such as immediate stopping and preventing traffic danger and impediment, and escaped from the site, without taking necessary measures, such as destroying the front part of the car driver's seat in front of the left part of the Defendant's vehicle, such as the exchange of the left part of the damaged bus, etc.

2. Violation of the Road Traffic Act and the Road Traffic Act;

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