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(영문) 서울서부지방법원 2017.11.01 2017고정1055
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. The Defendant is a person engaging in driving service of a vehicle B K5 vehicle.

On April 25, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.161% among the blood transfusion around 21:35 on April 25, 2017, and led the vehicle to the speed from the right edge to the right edge of the road in front of Eunpyeong-gu Seoul Metropolitan City C at the right edge of the road from the right edge on the right edge.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the steering gear and brake system of the motor vehicle, such as accurately operating the steering gear and brake system of the motor vehicle.

Nevertheless, the defendant neglected to do so and was parked at the right side of the road in the direction of progress due to negligence that led to the failure to neglect of the previous city, and received the left-hand part of the victim D- owned by the victim E 125 Sio-si, Oba, which was parked at the right side of the road.

After all, the Defendant, due to the above occupational negligence, destroyed the property that is equivalent to KRW 2,255,00,000, and escaped without immediately stopping the property and without taking necessary measures.

2. Defendant 1 was under the influence of alcohol level 0.161% in the date and time set forth in the above paragraph 1, and Defendant 2 driven B K5 cars at a section of approximately 300 meters from the off-distance off the front road of Eunpyeong-gu Seoul Metropolitan Government to the front side of the road from the off-distance off on the side of the road and the side of the mountain intersection.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on each traffic accident and reports on the occurrence of the traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Written estimate;

1. Application of Acts and subordinate statutes to the car photographs of the sea, photographs of damaged ozones, and written agreement on the automobile accident;

1. Article 148 of the relevant Act and Articles 54(1) of the Road Traffic Act (a) (a point of non-measures after an accident), Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (a point of drinking).

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