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(영문) 의정부지방법원 고양지원 2016.12.01 2016고단2621
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 the operation of a DNA freight truck.

On August 29, 2016, the Defendant driven the above vehicle while under the influence of 0.180% of blood alcohol concentration of 0.17:40%, and tried to drive the vehicle in front of the Hyundai Department Store 284, Goyang-gu, Hanyang-gu, Kinxx 284, Ginx 284, in the Skinx 19 complex shooting distance. On the part of the Defendant’s occupational negligence, the Defendant neglected the Defendant’s duty of front-time and safe driving under the influence of alcohol, thereby neglecting the Defendant’s duty of driving the F BM W 320 of the Victim E (E, South, 35 years old) driving on the front of the traffic signal at the center of the Defendant’s cargo, thereby damaging the victim’s vehicle’s repair cost of KRW 4,99,100.

Nevertheless, the defendant escaped without taking necessary measures such as confirming damage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of G and E;

1. Written estimate;

1. The application of Acts and subordinate statutes to a survey report on actual condition, notification on the results of the control of drinking driving, and the report on actual status of drinking 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, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment, but the lower limit thereof shall be applicable to the punishment determined for a violation of the Road Traffic Act];

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

1. In 2004, the Defendant committed each of the instant crimes even though he had been punished one time by a fine due to the violation of the Road Traffic Act and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, the defendant is against the defendant, and the violation of the Road Traffic Act (not after the accident) is committed.

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