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(영문) 창원지방법원 마산지원 2018.08.08 2018고정160
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 March 25, 2018, the Defendant, who is engaged in driving of the BSP car, was driving the said vehicle at around KRW 22:03, while driving the said vehicle at around KRW 22:03, and driving the front of the D road located in the C of the Chang-si, Masan-si, Changwon-si, in the side of the forest market, was running along the center line of the two-lanes from the side of the forest market, and was rapidly stopped from the rear side of the unclaimed vehicle.

In such cases, there was a duty of care to accurately check whether a person engaged in driving of a motor vehicle was involved in an accident due to the fact that the situation was well examined and take appropriate measures.

Nevertheless, the Defendant neglected this and escaped without taking any measures, such as taking into account the situation of the accident that was done on the vehicle, even though the passenger car driven by the witness E ( South, 56 years old) who was followed at the later bank at the time of the sudden stop was not secured by the safety distance, and was caused by the physical damage that was concealed in the aftermath of the vehicle.

2. On March 25, 2018, the Defendant was driving a BSP car under the influence of alcohol concentration of 0.135% during blood transfusion without a driver’s license, starting from the road in front of the Seongdong-gu G market in Seongbuk-gu, Changwon-si, Sungwon-si, and passing through D in front of the Masan-gu, Masan-si, Masan-si, to the first road located in the same Gu and located in the same Gu H.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver employed at home, report on detection of the driver employed at home, and the register of driver's licenses;

1. Application of the written estimate statutes;

1. Article 148, Article 54(1) (a) of the Road Traffic Act related to the facts constituting an offense, Article 148, Article 54(2)2, Article 44(1) (a) of the Road Traffic Act, Article 148-2(2)2, and Article 44(1) of the Road Traffic Act, Article 152 subparag. 1, and Article 43 of the Road Traffic Act (a non-licensed driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty;

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