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(영문) 대구지방법원 김천지원 2017.08.31 2017고정305
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 6, 2017, the Defendant violated the Road Traffic Act (after-accidents), driving a BSP car around 02:20 on April 6, 2017, and driving the BSP car, leading the front road of the mother middle school in front of the Gu-U.S.-si 70 on the front side of the Gu-U.S. apartment.

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by reducing speed and checking the right and the right of the motor vehicle.

Nevertheless, while the Defendant neglected this and was under the influence of alcohol 0.179% while driving the said vehicle, the Defendant was negligent in driving the vehicle at the center line on the left-hand side of the running direction, and received the Defendant’s vehicle’s left-hand pans and pents.

Ultimately, the Defendant did not immediately stop and take necessary measures, even though he did not cause any danger and obstacle to traffic by destroying property that is equivalent to KRW 1,923,220 of the repair cost of an unauthorized road due to negligence in the above business.

2. Around 02:20 on April 6, 2017, the Defendant driven a Bsp motor vehicle under the influence of alcohol content of approximately 0.179% from a section of approximately 1km from the road in front of a simple station cafeteria in the Gu-U.S. Sim-si to the road front of the mother middle school located in the same Dong from the road in the same Dong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver under driving and inquiry of the results of crackdown on drinking driving;

1. On-site photographs and reports on traffic accidents (on-site survey reports);

1. Application of the written estimate statutes;

1. Article 148, Article 54(1) of the former Road Traffic Act (Amended by Act No. 14356, Dec. 2, 2016); Article 148-2(2)2, and Article 44(1) of the Road Traffic Act concerning facts constituting an offense

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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