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(영문) 대구지방법원 김천지원 2013.06.14 2013고정287
도로교통법위반(사고후미조치)등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car BM520.

1. On February 23, 2013, at around 23:09, the Defendant driven the said SM520 car while under the influence of 0.167% alcohol level on the side of the 102-dong, Samacheon-si, Kimcheon-si, the Defendant driven the said SM520 car, thereby driving it in the direction of the well-run apartment on the surface of the park.

In such a case, the defendant has a duty of care to prevent driving of a motor vehicle under the influence of alcohol.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving the said SM520 car and driving it as it is, and the victim C was parked in the right part of the DSS520 car, which was parked by the victim C.

The Defendant did not take necessary measures as a driver, such as immediately stopping the vehicle and checking damage situations, after destroying the part of the victim’s vehicle’s vehicle’s front right part, thereby destroying the property equivalent to KRW 1,000,263, which caused danger and obstacles to traffic and ensuring safe and smooth traffic.

2. The Defendant driven the car above BM520 in the state of 0.167% alcohol concentration in the blood alcohol level at that time.

Summary of Evidence

1. Defendant's legal statement;

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. A written report from an employee of an employer;

1. Written estimate;

1. Application of Acts and subordinate statutes to an investigation report;

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 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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