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(영문) 전주지방법원 정읍지원 2013.09.03 2013고단367
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a BS5 car.

On June 14, 2013, the Defendant driven the said car on June 23:10, and led the Korean government in front of the Korean government, which is located in the Go Chang-gun Eup Eup/Myeon, to the tin hot spring from the direction of the Chang-gun Office, under the influence of alcohol by 0.208% of the blood alcohol concentration.

At the time, there was a duty of care to prevent accidents in advance by properly examining the back of the night, as the defendant engaged in driving service, due to the relationship in which the view is not well secured.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, led the Defendant to shock the front part of the DNA taxi driven by the victim C by negligence, with the rear part of the front part of the said vehicle.

As a result, the Defendant failed to stop immediately and take necessary measures such as providing relief to the victim, even though the repair cost, such as the maintenance of the front driver, etc., exceeds 360,000 won and damages the victim’s car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

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

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