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(영문) 의정부지방법원 2020.10.15 2020고정1192
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of eight 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 is engaged in driving of a motor vehicle B New-Woon X-D.

On June 29, 2020, the Defendant driven the said car while under the influence of alcohol concentration of 0.159% from the 1436 Sock Park Sari-ro at Yangju to peace on June 23:15, 2020, and led the two-state Immigration Office to bypass the said car to the government of the two-state Immigration Office.

A person engaged in the driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brake system of the motor vehicle while driving the motor vehicle.

Nevertheless, the defendant neglected this and failed to accurately operate the steering gear and brakes under the influence of alcohol, and thereby caused a centralized separation zone installed at the center of the road on the left side of the running direction to the front side of the car driven by the defendant, and again, received the Indian Track in the right side of the car driven by the defendant.

Ultimately, the Defendant did not immediately stop the said central separation zone and India Drails by negligence in the course of performing such duties so that the amount in the repair cost is destroyed so that they can be the unpaid amount of repair expenses, and even though the prop and wings, etc. of the central separation zone are used on roads, they did not immediately stop and check the damage situation and take necessary measures such as removing the danger

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual condition survey report, report on the occurrence of a traffic accident, photographed driver at the scene of the accident, report on the circumstantial statement of the driver, and report on the control of drinking driving

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 (1) of the Road Traffic Act, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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