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(영문) 대구지방법원 서부지원 2015.04.10 2015고정60
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of four 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 of freight vehicles C Ⅱ.

1. On November 4, 2014, the Defendant driven the foregoing cargo vehicle under the influence of alcohol of about 0.126% in a section of about 3km from the road front of the construction site where it is impossible to find out whether it is located in the merchant Dong of Daegu-gu, Daegu-ro, Daegu-ro, to the front road of about 45 km-ro 9-ro 45 in the middle-ro 201.

2. Violation of the Road Traffic Act (Inception after-accident), as referred to in the preceding paragraph (1), driving the above cargo vehicle while under the influence of alcohol 0.126%, and driving the said cargo vehicle along one lane for a three-lane road in front of the Hospital in Daegu Western-gu, Seogu, Daegu-gu along the two-lane roads from the monthly basin of the road to the irregular flow of the road.

The course has changed to a two-lane.

In this case, a person engaged in driving of a motor vehicle has a duty of care to inform the direction by direction, etc., and to prevent accidents in advance by safely changing the lane in the situation of traffic on the left and right.

Nevertheless, the Defendant neglected this and caused the negligence of changing the course from one lane to two lanes while drunk, and contacted the part of the Gambling of the victim FF (the age of 48) driving along two lanes in the same room as the middle part of the Defendant’s driving on the right side of the cargo vehicle.

Ultimately, even if the Defendant destroyed the above-mentioned personal taxi repair cost of 657,985 won by negligence in the above-mentioned occupational negligence, the Defendant attempted to prevent, remove, or escape without taking necessary measures accordingly.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. The police statement concerning F;

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

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1.Investigative Report (in respect of the analysis of distressed images) and accompanying images.

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