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(영문) 인천지방법원 2014.06.26 2014고정1559
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 who is engaged in driving of Cgner vehicles.

1. Around 01:20 on February 17, 2014, the Defendant driven the said vehicle about 1 Km from the road front of the Nam-gu Incheon Nam-dong 184-18, Nam-gu, Seoul, Seoul, under the influence of alcohol content of 0.13%.

2. The Defendant violated the Road Traffic Act (unnecessary Measures) at the same time as above, driving the above vehicle at the same time as above paragraph A, and driving the vehicle to the third-day market distance from the north-gu Incheon Metropolitan City 442-1, the Gu) citizens' hall, driving distance. The Defendant, who is in charge of the vehicle, has a duty of care to accurately operate steering devices, brakes, and other devices of the vehicle, to report the steering devices, brakes and other devices, and to prevent the accident by driving the vehicle, and to prevent the accident from occurring. Nevertheless, the Defendant neglected to do so and failed to drive the vehicle on the right side of the road by negligence, and led the victim D (the EM7 driver's seat of the 55-year-old EM7 vehicle to the front-day driver's seat of the Defendant vehicle.

Ultimately, the Defendant, by negligence in the course of performing the above duties, destroyed the property equivalent to KRW 192,837 on the repair dog, and immediately stopped and escaped without taking necessary measures.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to traffic accident reports and accident reports filed by drivers;

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 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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