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(영문) 수원지방법원 2018.06.19 2018고단2134

도로교통법위반(사고후미조치)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a person who is engaged in driving a Clearning car.

1. On February 19, 2018, the Defendant: (a) violated the Road Traffic Act (divated driving) and the Road Traffic Act (divated driving) on the road; (b) driven the fluoring vehicle under the influence of alcohol by 0.143% without obtaining a driver’s license from the fluor’s house located in the fluoral zone D in the fluoric City, Osan-si; and (c) from the fluor’s house located in the fluoric City, Osan-si.

2. A violation of the Road Traffic Act (not after the accident) by the Defendant driving a frighting car at the time of a day similar to paragraph 1, the Defendant came to turn to the left from the front side of the dispatching-dong Road, along with a four-lane way in front of the Montreald Co., Ltd., a three-lane 20-5, a three-lane, a four-lane in front of the Montreald, a four-lane.

At the time, there is an intersection where a signal, etc. is installed at night and at that time, so in such a case, there was a duty of care to safely operate a person engaged in driving service by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected to do so, while driving a vehicle under the influence of alcohol as above, and tried to see the part on the right part of the victim E driver’s FEX in front of the left part of the fEX car, which was in the signal waiting at the same lane above the fEX, to the upper part of the fEXE driver’s vehicle, and attempted to flee without immediately stopping the above fEX driver’s vehicle and without taking necessary measures so that the repair cost equivalent to approximately KRW 417,162 is reached.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual condition, notification of the results of crackdown on drinking driving, the ledger of driver's licenses, and making a tea-type inquiry;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes concerning car inspection specifications;

1. Article 152 subparag. 1, Article 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense, and Articles 148-2 subparag. 2 and 44 of the Road Traffic Act.