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(영문) 청주지방법원 제천지원 2015.09.03 2015고정118
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing-franchising vehicle B.

1. On December 29, 2012, at around 21:15, the Defendant driven the said vehicle under the influence of alcohol content of 0.168%, and led the said vehicle to turn to the left at the seat of the Incheon Police Station at the Cheong-dong, Cheong-dong, Cheong-si, the intersection of the private distance, such as D in front of the D, which is in YY C, was turned to the left.

Since there is a signal, etc., a person engaged in driving service shall drive in accordance with the new subparagraph, and when any person is killed or injured or any goods are damaged due to traffic, he/she has a duty of care to immediately stop the vehicle and provide assistance to casualties and to take measures necessary to prevent danger on the road and ensure smooth communication.

Nevertheless, the Defendant neglected to turn to the left due to the negligence in contravention of the signal, and led the victim E(31 years old and South) who was going to the right-hand turn from the Cheong-dong gate to the Cheong-dong gate pursuant to the new code, and led the victim E(31 years old and South) to the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant destroyed the property requiring acceptance of KRW 474,00 at the market price, such as the exchange of the damaged vehicle by occupational negligence above, and escaped without taking any measures at the site.

2. The Defendant driven the said vehicle under the influence of alcohol content of 0.168% at the same time and place as described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to E (Simplified traffic);

1. A report on the occurrence of a traffic accident, and a report on the actual condition of a traffic accident;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Written estimate for repair of vehicles;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148, 54 (1) of the Road Traffic Act (the point of not taking measures after an accident, the choice of fines), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the point of driving under the influence of alcohol; and

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