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(영문) 서울남부지방법원 2013.10.28 2013고정2923
도로교통법위반(사고후미조치)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 05:00 on June 29, 2013, the Defendant was driving a B observer car and driving a one-lane of 197-28 part of the Guro-gu Seoul Metropolitan Government Guro-gu road route from the south-do road basin to the etropip surface, while driving a one-lane of 197-28 part on the south-gu road route, the Defendant failed to take necessary measures, such as taking back the back part of the victim C’s D Kanknp car that was parked on the right side of the road and destroying the repair cost to the right side of the Defendant’s vehicle, and immediately leaving the vehicle to take necessary measures, such as taking account of the situation of damage.

2. A violation of the Road Traffic Act (driving) was under the influence of alcohol with 0.149% of the blood alcohol concentration at the above temporary border, the Defendant driven B observer car from the front of the “music tour” road adjacent to the Southern-dong Station in Guro-gu Seoul Metropolitan Government, Guro-gu, Seoul to approximately 1km from the front of the “music tour” road to the road before the 197-7-dong, Guro-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C's statement on the occurrence of traffic accidents;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Parts of the vehicle damaged;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Written estimate;

1. Application of Acts and subordinate statutes not to apply a written agreement and punishment;

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 selection of fines;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation (i.e., that the defendant is in profoundly against the victim, was agreed upon by the victim, and that the driver was driven to transport an emergency patient at the time;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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