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(영문) 광주지방법원 순천지원 2016.08.08 2016고정260
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 drives a two-wheeled motor vehicle at 108 Simp. in the city without a license plate.

On March 3, 2016, the Defendant driven the said two-wheeled automobile with alcohol content of 0.073% in blood without a motor device bicycle driver's license on March 21, 2016, and led directly to the vertical distance from the distance along which the crossing of the 277 Maart in front of the 277 Emp, in the case of influence.

Since there is a place where traffic is controlled by signal, etc., in such cases, a person engaged in driving service has a duty of care to drive in accordance with the signals.

Nevertheless, the Defendant neglected this by negligence in contravention of the signal while drunk, and shocked the front part of the two-wheeled vehicle by the two-wheeled vehicle of B driving at the left-hand turn in accordance with the new subparagraph at a one-lane adjacent to that time.

Ultimately, the Defendant did not take measures against the occurrence of a traffic accident even though he damages the damaged vehicle to cover repair costs equivalent to KRW 895,266, such as the propagation and exchange of the damaged vehicle by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

1. Written estimate;

1. The driver's license ledger;

1. Application of the statutes of Chapter 1 to Chapter 1 to On-Site evidence photographs and CCTV video data CDs;

1. Article 148, Article 54(1) (a) of the Road Traffic Act concerning facts constituting an offense, Article 148, Article 54(2)3, Article 148-2(2)3, and Article 44(1) (a) of the Road Traffic Act, Article 154 Subparag. 2, and Article 43 of the Road Traffic Act (a person who drives a bicycle without a driver’s license) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each alternative fine for punishment;

1. The crime of the former part of Article 37 of the Criminal Code, Article 38 Section 1 Section 2 and Article 50 of the Criminal Code [the crime of the Violation of Road Traffic Act (unnecessary Measures after Accidents)] shall be added to concurrent crimes.

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