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(영문) 대전지방법원 홍성지원 2014.07.25 2014고정104
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

1. On September 26, 2013, the Defendant is a person who is engaged in driving B M&A, and the Defendant is driving the above vehicle at around 15:05 on September 26, 2013, along with a vehicle ahead of about 60km by driving the national highway No. 29 degrees 117, Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, about a speed of about 10km from the Cheongyang-Eup to the direction of Hong-Eup.

Overtaking has been made.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant neglected his duty to care on the road with the center line of the yellow-line one-lane, and passed the previous vehicle again, and returned to the original lane, and the part of the DK5 car driven by the victim C(32 years of age) conflicts with the left side of the DK5 car and the part of the crime which the victim C(32 years of age) drive.

As a result, the Defendant caused physical damage to KRW 828,043 by negligence in the course of business, and the Defendant knew of the fact, thereby causing danger or impediment to traffic by forcing the Defendant at a rapid speed of about 1.5 km without any measure.

2. At around 14:50 on September 26, 2013, the Defendant driven the vehicles listed in the foregoing paragraph (1) while under the influence of alcohol content 0.196% in blood alcohol content, from the front day of the YN YE, YAFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF at the direction of the Republic of Korea, the Defendant driven the vehicles described in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Application of the written estimate statutes;

1. Relevant Article of the Act on the Crime, Articles 148 and 54(1) of the Road Traffic Act that applies to the choice of punishment for the crime (the occupation of a measure that is not taken after causing damage and destruction) and Articles 148-2(2)2 and 44 of the Road Traffic Act;

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