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(영문) 대전지방법원 2016.06.08 2016고정34
도로교통법위반(사고후미조치)등
Text

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

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

Reasons

Punishment of the crime

On August 25, 2015, the Defendant driven a Cran-car under the influence of alcohol content of about 0.199% at a section of about 200 meters from the Do in front of the restaurant located in the Seocheon-gu Daejeon Daejeon, Daejeon to the front road of the apartment in the Tae-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident reports (1) (2), reports on the detection of drivers at home, and reports on the circumstances of drivers at home;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant is a person who is engaged in driving of Cchip motor vehicles in the charges of violating the Road Traffic Act (not taking measures after accidents).

On the date stated in the facts of the crime in the judgment of the defendant, the defendant, in accordance with two-lanes from the 2nd East Office of Thai-gu to the four-lane distance from the 2nd East Office of Thai-gu in front of apartment buildings in the Burd, Tae-gu, Tae-dong.

At the time, there was a night and non-working, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to keep the accident in advance by viewing the front door well and securing a safety distance.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in neglecting this, and received the back part of the Eststren vehicle driven by the victim D, who was in the signal waiting at the front of the Defendant vehicle.

Ultimately, the Defendant, by occupational negligence, destroyed the above vehicle to repair KRW 307,428, but immediately stopped and escaped without taking measures to prevent danger on the road.

Judgment

The conviction in a criminal trial has probative value that leads a judge to have the conviction that the facts charged are true beyond a reasonable doubt.

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