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(영문) 수원지방법원 2020.11.13 2020고단4032
도로교통법위반(사고후미조치)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

around 22:07 on May 26, 2020, the Defendant came to turn to the left from the direction of the Eth to the Seocheon-dong.

In such cases, there was a duty of care to prevent accidents in advance by driving cars in a stable manner, such as taking into account the traffic situation of left and right, accurately manipulating steering devices, etc.

Nevertheless, under the influence of alcohol, the Defendant got a pedestrian signal, etc. installed on the right side of the running direction due to negligence while driving a mobile phone while neglecting it, and left the vehicle alone on the road as it is and exceeded the scene of the accident.

Ultimately, even though the Defendant damaged the above pedestrian signal, etc. to be considerably equivalent to the repair cost, due to the above occupational negligence, the Defendant did not immediately stop and provide personal information to the victim, and did not take necessary measures in the event of the occurrence of the traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, site photographs, etc.;

1. Photographs of the skin vehicle;

1. Records before judgment: Criminal history records, etc. and application of one copy of a summary order;

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

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

1. The defendant is driving in the state of drinking alcohol for the reason of sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order.

It is a circumstance unfavorable to the defendant that the crime was not committed because it caused the instant traffic accident and exceeded the scene of the traffic accident without fulfilling all necessary measures to avoid the responsibility for driving under the influence of alcohol.

On the other hand, the defendant seems to have the attitude to recognize and reflect the crime of this case.

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