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(영문) 수원지방법원 안산지원 2013.07.05 2013고정955
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 shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the driving of B Costasch Rexroth.

1. Around 20:37 on March 17, 2013, the Defendant driven the said vehicle at a level of about 100 meters from the high-speed 6-dong Ham-dong, Ansan-si to the upper end of 767, while under the influence of alcohol at 0.154% of alcohol level.

2. The Defendant driven the above vehicle at the above time and at the above place, and proceeded on the street in front of the 6-lane 767 Nono-dong, Ansan-si, Sinsan-si, with about 30 km a speed of 50 km from the direction of the Jeju 7-si complex in the direction of Puo-si.

A person engaged in driving service, even though he/she has a duty of care to prevent an accident by accurately manipulating the steering direction and brakes well, he/she neglected his/her duty of care to prevent an accident, and caused the following parts of the victim C, which was parked on the two-lanes, of the driver's vehicle owned by the victim C, which was parked on the two-lanes of the driver's license, to the front part of the driver's license.

Ultimately, the Defendant, by occupational negligence, caused physical damage equivalent to KRW 2,118,750 of the repair cost to the damaged vehicle, and escaped from the scene of the traffic accident without taking any measure.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1) (2);

1. Application of Acts and subordinate statutes governing blood alcohol appraisal certificates, master-toxicop report (No. 24 pages of records), estimates, and field photographs;

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

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

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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