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(영문) 대구지방법원 김천지원 2018.12.13 2018고정308
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On August 20, 2018, the Defendant violated the Road Traffic Act (after-accidents), driving a motor vehicle with a low speed of C projected around 01:17, and driving a two-lane ahead of the E plant in Gumi-si D at Gumi-si, along the parallel parallel parallel from the private street of the Dong square.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so, while driving the said car while under the influence of alcohol 0.142%, and received the central separation unit set up on the left side of the running direction from the Defendant’s front side of the car.

Ultimately, the Defendant did not take necessary measures, even though he did not cause any danger and obstacle to traffic by destroying property that is equivalent to KRW 1,570,681 of the central repair cost by negligence in the course of performing his duties.

2. On August 20, 2018, the Defendant driven a vehicle with a alcohol level of approximately 0.142% in the section of about 2 km from the road in front of the main point of “quasi-co,” located in the Dong of Gu-si, Gu-si, Gu-si, Gu-si, 268 to the 268 Gu-Si, Gu-si, Gu-si, Si-si, 2km from the section of approximately 2 km from August 20, 2018 to the road in front of the station of Hyundai Oil Bank.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. The application of Acts and subordinate statutes to each accident site photograph, the inquiry of the results of crackdown on driving drinking, a copy of the statement of the driver at driving, a written estimate, the investigation report (specific as at the time of the occurrence of the accident), the investigation report (Attachment to satellite shots at the time of the occurrence of the accident and the final stop point), the investigation report (as at the time of the completion of driving of the suspect);

1. Relevant legal provisions and Articles 148, 54(1) (a) of the Road Traffic Act (the occupation of any measure that is not taken after an accident), Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning facts constituting an offense, the choice of respective fines (the occupation of drinking), and the selection of each fine (the reflectiveness).

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