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(영문) 수원지방법원 안양지원 2019.06.25 2018고단1312

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around 14:30 on July 6, 2018, the Defendant driven an EK9 vehicle without obtaining a driver’s license from the Do in front of the Hanyang-gu B B lending at Ansan-si to the front of the kindergarten located in the same Gu C at approximately 1km.

2. Violation of the Road Traffic Act (AFS) by driving a car at the above time and driving it at the above time, the Defendant continued the road in front of the Hanyang-gu FFC at the time of Ansan-gu from the G market room to the Anyang riverside.

In this case, the driver of a motor vehicle has a duty of care to safely drive the steering team and to prevent accidents by properly operating the steering system.

Nevertheless, the Defendant failed to stop immediately and failed to take necessary measures, such as the removal of a strike, etc., even though the H’s I Mac-crare cruise car driven ahead, which was parked in the front part of the Defendant’s car by neglecting it, was damaged to the extent of 49,172 won, such as the Hac-cracker’s landing, and the Defendant did not stop immediately.

3. Violation of the Road Traffic Act (Refusal of measurement) has reasonable grounds to believe that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face, etc., of the Defendant who was arrested by the police officer of the Ansanan Police Station at around 15:01 on the same day as stated in paragraph (1) of this Article, and the Defendant did not comply with a request for a measurement of alcohol for about 17 minutes, even though he was requested to do so without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. On-site photographs, etc.;

1. Written estimate for automobile maintenance;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act and Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act (the point of driving without a license), the Road Traffic Act and the same.