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(영문) 전주지방법원 2013.05.29 2013고정7
도로교통법위반(사고후미조치)등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 15, 2009, the Defendant was a person driving B knit vehicle. On July 21, 2009, the Defendant driven the said vehicle without obtaining a driver’s license, while under the influence of alcohol concentration of 0.192%, and the Defendant driven the said vehicle on the right side of the Home plug on the front side of the Crackjin-gu Co., Ltd. at the Jeonju City, 3 was driving the said vehicle on the right side of the Home plug.

The Defendant, while driving under the influence of alcohol without checking the safety of the front section at the time and without checking the duty to drive it properly, destroyed the damaged vehicle to 1,026,610 won in repairing the back-hand side of the victim C, which was parked on the left-hand side of the moving direction, by putting the back-hand side of the vehicle owned by the victim C, into the left-hand side of the front-hander of the Defendant.

In the event of the above accident, the Defendant immediately stopped and left the scene without taking necessary measures.

Summary of Evidence

1. A protocol concerning the investigation of suspect;

1. Statement of the police statement regarding C;

1. Report on detection of a driver and the register of driver's licenses;

1. Application of the Act and subordinate statutes to a survey report on actual condition, an accident site photograph, and a quotation;

1. Article 148, Article 54(1) of the former Road Traffic Act (amended by Act No. 9580 of Dec. 29, 2009; hereinafter referred to as the "Road Traffic Act"), Article 150 subparagraph 1 of the Road Traffic Act, Article 150 subparagraph 1 of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 151 of the Road Traffic Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment (Provided, That the choice of imprisonment without prison labor for a crime of violating the Road Traffic Act);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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