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(영문) 광주지방법원 2012.11.20 2012고정2244
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person driving a vehicle with C low-speed.

On August 30, 2012, the Defendant driven the said car with a blood alcohol level of 0.093% 0.093% around August 30, 2012, and led to the Defendant to drive the said car at a speed of about 40km per hour from the area of veterans hospital to the area of 314 lanes adjacent to the 3rd apartment in the mountain-dong, Busan Mine-gu.

There are three-distance crossings in which signal lights are installed, and at the same time, it was difficult for the operator to fish at the front-time, so a person engaged in driving duty has a duty of care to safely drive the signal in accordance with the new subparagraph while living well in the front-way.

Nevertheless, if the victim D, who is standing in the front of the end of the vehicle at the time of the accident due to negligent negligence, was driven by the victim D while neglecting this, the back part of the rocketing passenger vehicle at the front of the left-hand end of the vehicle at the above top, and was damaged by the damage amounting to 337,490 won of the repair cost, the vehicle must immediately stop and take necessary measures without any action.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A survey report on actual condition, map of the scene of an accident, and photograph of the scene of an accident;

1. Report on the circumstantial statement of the driver, and report on the detection of the driver;

1. Application of written estimates for automobile inspection and maintenance;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying or damaging things), the selection of fines for each crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (within the scope of the sum of the maximum amount of crimes under each subparagraph above) shall be the concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the Defendant was driving while driving a vehicle in a considerable state of the blood alcohol concentration of 0.093%.

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