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(영문) 창원지방법원통영지원 2020.10.15 2020고단727
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 passenger car BenzE300.

1. On March 15, 2020, the Defendant, while under the influence of alcohol 0.087% by blood alcohol level on March 22:5, 2020, the Defendant driving the said vehicle and driving the said vehicle on a two-lane road in front of the D cafeteria in Tong-si C, through a cafeteria, at an insular speed from the E room to the D cafeteria.

At the time, the vehicle line and the center are installed at the time, and thus, the driver had a duty of care to keep the boat and not drive the vehicle while under the influence of alcohol by accurately operating the steering boat and the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and received the central separation zone installed at the center of the road due to occupational negligence, which failed to accurately operate steering devices and brakes.

The Defendant, by negligence on duty, destroyed the above centralized separation zone to repair the fee, and immediately stopped the benzE300 vehicle so that it did not cut off on the road, and did not take necessary measures after leaving the benz300 vehicle on the road, while leaving the site without taking necessary measures after the accident.

Accordingly, the defendant did not take measures in the event of traffic accidents under Article 54 (1) of the Road Traffic Act.

2. The Defendant, in violation of the Road Traffic Act, driven the said vehicle under the influence of alcohol concentration of about 0.087% at the 3km section from the 3km section from the 3km section to the front road of the Dcafeteria bamboo store in the F cafeteria at the time specified in paragraph (1) of this Article.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, name of the driver at the scene of the accident, report on the circumstantial statement, and investigation report on traffic accident;

1. Relevant Articles of the Act and Articles 148 and 54 of the Road Traffic Act concerning criminal facts and the choice of punishment;

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