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(영문) 대구지방법원 2017.09.20 2017고정1558
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 Bbea cruise car.

On January 28, 2017, the Defendant driven the said car under the influence of alcohol level of 0.151% during blood transfusion around 01:02, and led the front of Yongcheon-si C to run the front of the road in the direction of the flow distance from the view distance.

Since there is a two-lane road in which a central separation is installed, the driver of the motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes according to the right side of the central separation unit to prevent accidents.

However, the Defendant neglected this and failed to accurately operate the steering gear, received a central separation unit with the said passenger vehicle, and destroyed the said central separation unit to the extent that the repair cost to the extent of KRW 2 million, and escaped without immediately stopping and taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, a statement of the circumstances of the driver of a drinking driving, inquiry of the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, and guidance

1. Application of Acts and subordinate statutes to each investigation report and internal investigation report (No. 9, 11, 12, 14 No. 14 of the evidence list);

1. Article 148, Article 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); Articles 148, 148, and 44(2)2, and 44(1) of the Road Traffic Act (amended by Act No. 14356, Dec. 2, 201); the selection of fines for the crime

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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