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(영문) 수원지방법원 여주지원 2019.06.03 2019고단270
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 7 million.

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

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) by the Defendant is a person engaging in driving a vehicle B at the mother.

At around 02:50 on January 30, 2019, the Defendant driven the said car while under the influence of alcohol of 0.059% at one lane from the two-lanes of “D,” located in Wnju City, the Defendant driven the said car at a speed of about 60 km at a speed of 0.05% at the beginning side of the early middle distance.

In such cases, drivers have the duty of care to accurately operate the steering system, brakes, and other devices of the vehicle, and to prevent accidents due to the failure to drive at a speed or in a manner that may cause danger and harm to others according to the road traffic situation and the structure and performance of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected the above duty of care and neglected the utility poles installed on the right side of the road, and went away from the site without neglecting the said passenger car as it is.

Accordingly, the Defendant, without taking necessary measures in the occurrence of a traffic accident, escaped as it is.

2. Violation of the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license) set forth in paragraph (1) were operated by the Defendant without a driver’s license, while under the influence of alcohol 0.059% of alcohol alcohol concentration at a distance of about 3.49km on the front of the opening-gun office of the Gyeonggi-gu Gyeonggi-do Office located in 22-lane 8, a D’D.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the situation of operation without a license;

1. Notification of the results of crackdown on drunk driving, report on the situation of drunk driving, report on the circumstantial statement of a drunk driver, and investigation report (report on the circumstances of a drunk driver);

1. Computer inquiry, etc. on driver's licenses for motor vehicles;

1. Application of Acts and subordinate statutes on traffic accident;

1. Relevant circumstances under Articles 148 and 54 (1) of the Road Traffic Act concerning criminal facts;

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