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(영문) 울산지방법원 2019.05.16 2019고단774
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant is a person engaging in driving a vehicle B high-speed (accident).

On November 29, 2018, the Defendant continued to proceed directly with the side streets that do not have a center line in the direction of E in front of the Cudio in Gyeyang-si, Yangsan-si.

In this case, there was a duty of care to live well with a person engaged in driving of a motor vehicle and drive a motor vehicle safely.

Nevertheless, by negligence while under the influence of alcohol, the Defendant neglected it, while driving at the right side of the Defendant’s driving direction, and went away from the scene without taking necessary measures, such as failing to stop immediately and failing to report the location of the victim or the location of the accident and the degree of damage and damage, etc., by taking the part of the victim F, which was parked on the right side of the Defendant’s driving direction, with the front part of the vehicle driving in front of the Defendant’s driving direction.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) on November 29, 2018, the Defendant was required to comply with a drinking test three-minutes in a manner of inserting the breath of drinking on the road in front of Yangsan City, on the road in front of Yang City, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, drinking, and drinking abreath by drinking alcohol reduction, etc., and that the Defendant was requested by the police officer of the Yangsan Police Station to comply with the drinking test three-minutes in a manner of inserting the whole breath of drinking, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Accident site and photographs refusing to measure drinking;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of Acts and subordinate statutes to a report on investigation (investigation of damage sustained by a victim vehicle);

1. Measures not taken after the accident under Article 148 and Article 54(1) of the Road Traffic Act concerning facts constituting the crime; and

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