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(영문) 수원지방법원 평택지원 2016.08.26 2016고단1147
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

On February 18, 2016, the Defendant driven the above vehicle under the influence of alcohol content of 0.264% from blood transfusion around 21:45, and moved to the intersection of the cultural apartment distance of 301 at the center of Pyeongtaek-si to the 30km from the slive apartment to the Maning Hospital.

Since there was a cross-section where signal lights are installed, there was a duty of care to prevent accidents in advance by seeing the right and the right of the driver of the motor vehicle and proceeding safely to the driver of the motor vehicle.

Nevertheless, the Defendant neglected to operate the steering gear and failed to properly operate the steering gear, and was negligent in driving the opposite way to the direction of the Defendant from the Mademing Hospital to Pyeongtaek-si in the direction of the victim C(41). The part of the left side of the Defendant’s car was left left part of the Defendant’s car.

After all, the defendant did not take necessary measures such as removal of obstacles to road traffic while destroying approximately KRW 2,278,560 of repairing costs by changing the taxi of the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim C;

1. A report on the actual condition of traffic accidents, and a report on the occurrence status;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. A written appraisal of alcohol during blood;

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

1. Each photograph (accident scene, etc.);

1. Application of the written estimate statutes;

1. Selection of a fine under Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after destroying goods) concerning criminal facts; the selection of a fine under Article 148-2 (2) 1, and 44 (1) of the same Act;

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. The Criminal Procedure Act of the Provisional Payment Order.

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