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(영문) 대구지방법원 2016.08.26 2016고정1568
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

B A person driving a shower car.

1. On April 19, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.103% in blood, while driving the said vehicle at a distance of about 70 meters from the front road of the cosmetic, which is located in the laver-dong of Sinsan City, to the front road of D real estate located in C at the same time at the same time.

2. Violation of the Road Traffic Act (Measures Taken after Accidents) Defendant 1 driven the above vehicle on the front road of D real estate located in Busan Metropolitan City at the time of the above "1" on the road, and suffered injury such as a light fluoral dye, etc. which requires approximately two weeks medical treatment of the above E, by driving the vehicle from the right edge to the big mat at an insular speed, while driving from the right edge to the big mat at an insular speed.

In such cases, although the driver immediately stops the vehicle and takes necessary measures to rescue the casualties, the defendant did not take necessary measures and left the vehicle alone at the accident site.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Statement report on the circumstances of driving a drinking, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

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

1. A medical certificate;

1. On-site photographs;

1. Application of the Act and subordinate statutes to a investigative report (as to the attachment ofCCTV images);

1. Relevant legal provisions, 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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