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(영문) 대구지방법원 김천지원 2016.08.30 2016고정331
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a vehicle for SM5 getting on board,

1. On April 5, 2016, around 03:30, the first road, which is the 1111-dominence, was driven from the dong bank to the rooftop bank.

In such a case, the defendant engaged in driving service has a duty of care to safely operate the steering gear by accurately operating the steering gear and operation of the steering gear well by living well in the front of the course and the traffic situation on the left and right.

Nevertheless, the Defendant neglected to do so and proceeded as it was due to negligence before the driver's seat of the pertinent car, and received the part back of the driver's seat of the CV car stopped at the edge of the same direction.

The Defendant did not take necessary measures, such as immediately checking damage caused by destruction of the repair cost of KRW 3,832,464 on the fourth city car by occupational negligence as above, thereby causing obstacles to the prevention of traffic danger and ensuring safe and smooth traffic.

2. A driver was driving BM5 car in the state of 0.107% alcohol concentration in blood on the section of approximately 8 kilometers from the front of an influent restaurant in the name of the Dobong-si, Sinsi, Sin-si to the front of the Dool-dong, Dool-dong, the same city-style Dool Park.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Written estimate;

1. Reporting on the occurrence of a traffic accident, reporting on the situation of the driver who takes the driving, and inquiring about the results of regulating drinking;

1. Application of statutes on site photographs;

1. Relevant legal provisions, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148-2(2) and 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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