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(영문) 창원지방법원 2017.02.02 2017고정11
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 10, 2016, the Defendant driven a new character vehicle B with a alcohol content of 0.142% (breath measurement) during blood transfusion around 22:40 on November 10, 2016, and led him to a post office room in the direction of the 19th-ro, 168-ro, i.e., the 19th-ro from Kimhae-si, Kimhae-si.

At the time, it was difficult at night, and there was a parked vehicle on the road A, so in which case all drivers of vehicles have the duty of care to prevent accidents by accurately manipulating the steering, brakes, and other devices while looking at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care

Nevertheless, the Defendant neglected to do so and was negligent in proceeding on the right side of the vehicle at the time, and received the part in front of the left side of the vehicle by the DNA spackers owned by the victim C (Y, 47 years old) who stopped on the right side of the road.

Ultimately, the Defendant, by such occupational negligence as above, destroyed the victim’s vehicle to repair costs of KRW 2,634,50, such as the exchange of front-time criminals, but failed to immediately stop and abscond without taking necessary measures when a traffic accident occurs.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. Application of written estimates and field photograph Acts and subordinate statutes;

1. Relevant legal provisions, Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, the selection of fines for criminal facts, the selection of fines for driving under influence of alcohol, and 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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