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(영문) 서울북부지방법원 2018.11.08 2018고정1352
도로교통법위반(사고후미조치)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a passenger motor vehicle with B investment in his own possession.

1. Around June 1, 2018, the Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) driven the front road of Seongbuk-gu Seoul Metropolitan Government Seoul at a drinking level of 0.194% g (0.194%) the alcohol concentration of the blood, while driving the said vehicle at a speed of about 60 kilometers depending on the two-lanes between the 3-lanes towards the upper corner of the Do basin.

In such a case, even though it is necessary to prevent accidents by accurately operating the steering direction and operation of the steering gear, the FK5 passenger cars owned by the victim E (36 Do, South) in the front of the vehicle under the influence of alcohol due to the negligent negligence, which led to the destruction of another's property equivalent to KRW 1,479,300 of the cost of repairing the damaged vehicle, and immediately stop the vehicle and absconding without necessary measures.

2. In the event of the same accident, Defendant 1 driven the said vehicle at a section of approximately 300 meters from the front of the D Station located in Seongbuk-gu to the said accident location, due to the drinking condition of 0.194 percent of alcohol concentration in the blood of the same accident as above in the above 1. paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of H and E;

1. Report on a traffic accident, report on the circumstances of the driver at driving, report on the results of crackdown on drinking driving, and report on an investigation (report on the circumstances of driving at driving at driving at driving);

1. Written estimate;

1. Application of evidence photographs and video CD-related Acts and subordinate statutes;

1. Relevant legal provisions, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148-2 and 44(2)2, and 44(1) of the Road Traffic Act concerning facts constituting an offense, the selection of fines for negligence, as well as the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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