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(영문) 서울중앙지방법원 2016.05.18 2016고단1671
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 3, 2016, the Defendant was under the influence of alcohol level of 0.311% during blood transfusion around 05:30 on February 3, 2016, the Defendant driven DK5 vehicles at the 2km section from the front side of the French-gu Seoul Metropolitan Government (Seoul), to the front side of the Gangnam-gu Seoul Metropolitan City (Seoul), with approximately 2km alcohol level.

2. On February 3, 2016, the Defendant violated the Road Traffic Act (unnecessary Measures after Accidents) driving a DK5 car around 05:30 on February 3, 2016, the Defendant driven the front road of Gangnam-gu Seoul Metropolitan Government at a speed of one-lane between the two-lanes of the two-lanes, namely, the front road of Gangnam-gu, Gangnam-gu, Seoul, from the hill basin of the flow distance.

In this case, the defendant who drives a motor vehicle has a duty of care to live well on the front side and the left side, and to accurately operate the steering and brakes.

Nevertheless, the Defendant neglected to do so and did not keep the steering gear properly while under the influence of alcohol, and instead did not operate the steering gear properly, the Defendant borrowed the F, which the victim E, who stopped on the right side of the taxi driving, and received the front portion of the car driven by the Defendant as the front part of the right side of the vehicle driven by the Defendant.

The Defendant destroyed the 2,449,984 Won to repair the said taxi due to the foregoing occupational negligence and did not immediately stop the said taxi and take necessary measures and escaped without taking necessary measures.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol with respect to E and G;

1. The actual investigation report on traffic accidents;

1. A report on the circumstances of the driver involved in the driving and a report on the detection of the driver involved in the driving;

1. Written estimate and vehicle photograph;

1. Determination of the defense counsel's assertion of the investigation report (verification of the distance from driving a suspect under drinking)

1. A summary of the assertion was negligent in taking measures to ensure smooth flow of traffic by removing and preventing danger and impediment to traffic in the situation at which the traffic accident occurred;

Therefore, the Defendant did not violate Article 54(1) of the Road Traffic Act.

2...

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