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(영문) 광주지방법원 2013.03.21 2013고정197
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

1. On November 21, 2012, at around 18:05, the Defendant, while driving CKanf 6 east-si, while under the influence of alcohol 0.196% of alcohol content, proceeded with approximately 10km from the 256-lane of the old-gu, Gwangju Mine-gu, to the direction of the flow distance of the Young-gu, in the middle-gu, Gwangju Mine-gu.

2. On November 21, 2012, the Defendant: (a) driven the said vehicle at around 18:05, and driven the said vehicle at a speed of about 60km per hour from the direction of the transmitting station to the Gwangju Airport at about 5-lane in the direction of the common-purpose distance in the air route in Gwangju Mine-gu.

At night, a driver was negligent in performing his duty of care to accurately operate the front door, the left and right, and the steering gear, while neglecting his duty of care at the time, and due to the negligent negligence of driving the victim D(the age of 45) who followed the signal signal in the front door of the Defendant.

The Defendant, by these occupational negligence, destroyed the damaged vehicle to have approximately KRW 534,706 of the repair cost, and escaped without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A copy of a written estimate;

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

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148, 54 (1) of the Road Traffic Act, the choice of fines, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of fines, etc.;

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

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

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

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