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(영문) 울산지방법원 2017.01.17 2016고단3539
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

Punishment of the crime

1. On September 17, 2016, the Defendant violated the Road Traffic Act (after-accidents), driving a franchising truck with B 1.4 tons at around 14:30 on September 17, 2016, and driving a new road in front of the new bank that is located in Ulsan-gu New-dong, Ulsan-gu, Seoul-do, with a monthly distance off.

At all times, as a road adjacent to the market, a car by the victim C(n, 34 years old) was in progress in the front direction of the defendant's proceeding, there was a duty of care to safely drive the car by viewing the front side and maintaining the safety distance with the front side.

Nevertheless, the Defendant neglected this and did not immediately stop and take necessary measures, even though he did not cause damage to the amount equivalent to KRW 1,206,218 for the repair cost of the car by shocking the driver behind the car in the front of the above cargo vehicle due to negligence on duty, which was driven by the Defendant, while under the influence of alcohol.

2. On September 17, 2016, the Defendant was arrested as a flagrant offender in the crime of violation of the Road Traffic Act (measures not to be taken after the accident) around 14:55 on September 17, 2016 and transferred to the Ulsan Southern Police Station, where he/she was arrested as a flagrant offender in the crime of violation of the Road Traffic Act (measures not to be taken after the accident) while carrying out an accident, such as paragraph 1.

Around that time, the Defendant driven a motor vehicle while under the influence of alcohol, such as smelling at the Defendant’s entrance, red, etc.

There is a considerable reason to suspect that the above police station E was requested from 15:18 to 15:57 on the same day from 15:18 of the same day to 39 minutes of drinking, but the alcohol measurement was refused without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each photograph;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Written estimate;

1. Application of Acts and subordinate statutes to a report on investigation results and investigation results;

1. Relevant provisions of the Act concerning facts constituting an offense;

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