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(영문) 인천지방법원 2016.08.25 2016고정2071
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

A. The Defendant is a person who is engaged in the business of operating BSS5 vehicles.

On April 23, 2016, when the Defendant used the Dwa Holdings in the Southern-gu Incheon Metropolitan City, Seoul at around 02:00, which used the said vehicle to drive in the two lanes, the Defendant has a duty of care to take into account the front side and the right and the right and the right and the right and the right and the right and the right and the accurate operation of the steering and the brakes to prevent accidents from spreading.

Nevertheless, the defendant has stopped on three lanes.

The E- Driving Docller was shocked by the chief chief of the vehicle of the defendant, and the 89,100 won of the Docller was damaged by the replacement, and the Docller escaped without taking measures necessary for preventing the danger and smooth communication on the road.

B. Violation of the Road Traffic Act (drinking driving) Defendant used the above vehicle to drive approximately 540m alcohol concentration of 0.136% in alcohol level at 0.136% in the south-gu Incheon Metropolitan City, which is the final stop point after passing ahead of the Dwa Trading hole located in the Nam-gu Incheon Metropolitan City, Nam-gu, the point where the accident occurred at a distance of 2030 meters in the main place of accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

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;

1. A photograph of the vehicle and on-site photograph;

1. Application of the Acts and subordinate statutes to cover fluor photographic images of fluored vehicles;

1. Relevant Article of the Act and Articles 148, 54(1) (a) of the Road Traffic Act, Articles 148-2 and 44(2)2, and 44(1) of the Road Traffic Act concerning facts constituting an offense, the selection of fines for negligence, as well as 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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