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(영문) 수원지방법원 2015.08.26 2015고단2404

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On September 26, 2013, the Defendant was sentenced to imprisonment for one year with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes in Suwon District Court on September 26, 2013, and the sentence becomes final and conclusive on October 5 of the same year and is currently under probation period.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a CF rocketing car.

On May 3, 2015, the Defendant driven the said car without a driver’s license on May 3, 2015, and led to the left-hand turn from the parallel to the third parallel.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering and brakes well, and by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, by negligence of driving a vehicle without a driver's license, has shocked the front part of the vehicle driven by the Defendant, and the Defendant failed to comply with the demand for a drinking test without justifiable reasons even after receiving an accident report as set forth in the following paragraph 2, from the Suwon-Nam Police Station and a slope D belonging to the Transport Survey Team.

Ultimately, the Defendant suffered injury to the victim E (the age of 23) who was accompanied by the Defendant’s occupational negligence, such as light salt, which requires approximately two weeks of medical treatment.

2. Around 03:00 on May 3, 2015, the Defendant carried out a traffic accident, such as that set forth in paragraph (1), while driving a CMF rocketing car under the influence of alcohol from the long distance of the emergency runway as set forth in paragraph (1).

The Defendant, at an emergency department of G Hospital located in the area F in Suwon-gu, Suwon-nam Police Station and a traffic survey team affiliated with the transportation inspector, snickly snife the Defendant, and sniffly snife and snife the Defendant at the face of the foregoing traffic accident.