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(영문) 대전지방법원 2013.11.27 2013고단3590
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by borrowing the motor vehicle.

1. Around July 29, 2013, the Defendant driven the said vehicle under the influence of alcohol by 0.244% of the blood alcohol concentration on a large-scale road, from the front of a large bridge sloping restaurant located in the upstream of Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-do to the front of the Korean pesticide fertilizers and seedlings located in the same Ri at around 01:30 on the same day.

2. On July 29, 2013, at around 01:30, the Defendant: (a) operated a Korean pesticide, fertilizer, or seedling room located in Geumsan-gun, Chungcheongnam-gun, Geumsan-gun with a public playground room at a post office to run the said vehicle; (b) the part on the side of the driver’s seat of the E-vehicle owned by the victim D (ma, 60 years old) who was parked on the right right side of the running direction while driving the vehicle at a public playground; and (c) caused a traffic accident that stops on the middle of the road in the direction of the running of the said vehicle by shocking the part on the front side of the said vehicle to the front side of the said 4,427,816 won.

In such a case, a person engaged in driving service should immediately stop the vehicle and provide assistance to casualties, but the defendant, without taking any measures, escaped without stopping the vehicle at the center of the road.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Written estimate;

1. A vehicle loaded with another vehicle;

1. Application of Acts and subordinate statutes on accident site and vehicle photographs;

1. Relevant provisions of Article 148 and Article 54 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving under the influence of a person who does not take any measure after an accident) Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act;

1. Selection of each alternative fine for punishment;

1. From among concurrent crimes, punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be imposed due to the failure to take any measure after the incident with heavier punishment;

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