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(영문) 수원지방법원 2015.12.17 2015고정2271
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On June 2, 2015, at around 01:35, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.173%, was driving the Domino-distance in front of the Domino-distance located on the side acid of Suwon-si, Suwon-si into the flood control area from the river basin to the Domino-distance. The Defendant stopped to the signal atmosphere.

In this case, the defendant who is engaged in driving of a motor vehicle shall not drink and drive a motor vehicle, and there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant committed an error in the operation of the brake system by negligence in the course of duty, thereby pushing the same direction behind the Defendant’s driver’s vehicle, while driving a DNA drive by the victim C, who was under the signal stop in the rear side of the vehicle, thereby damaging the front part of the vehicle to the back part of the Defendant’s driver’s vehicle, thereby damaging the damaged vehicle’s repair cost of KRW 436,896, and escape without taking any measure.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

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

1. An accident-related photograph;

1. Written estimate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant recognized his/her mistake and reflects his/her depth, and that the defendant did not repeat his/her offense.

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