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(영문) 울산지방법원 2017.03.17 2016고정1455
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 of Category B of Launa car.

1. Around 01:10 on September 2, 2016, the Defendant violated the Road Traffic Act (i.e., the following measures): (a) driven the B rocketing car volume, and driven the front road in Ulsan-gu C, Ulsan-gu; (b) from the same week’s apartment complex, the front road of “D cafeteria” was driven from the same week’s apartment zone to the same parallel park.

The Defendant, while driving on the right side of the victim E, parked on the right side of the road, destroyed the amount of KRW 1,635,000 in comparison with the repair estimate by the Defendant’s driving vehicle.

If goods are damaged due to the traffic, such as driving of a motor vehicle, the driver of the motor vehicle shall immediately stop the motor vehicle and take necessary measures to ensure smooth traffic flow.

Nevertheless, the Defendant immediately stopped and left the scene without taking necessary measures despite the occurrence of the secondary traffic accident by driving the damaged otobane, tracking the “west” high sound, thereby causing the risk of secondary traffic accidents.

2. On September 2, 2016, the Defendant driving a B rocketing car with approximately 300 meters alcohol content 0.191% under the influence of alcohol content from the same bankruptcy-based parking lot of the Dong-dong, Nam-gu, Ulsan-gu, Ulsan-do, to the 16th day of the same bankruptcy-based 7th street.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement;

1. Written estimate;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant legal provisions concerning criminal facts, Articles 148, 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking), and the selection of fines for each crime (the first crime in relation to driving of drinking, and the point of reflection, etc.)

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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