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(영문) 서울서부지방법원 2014.05.27 2014고단102
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On November 5, 2013, at around 23:55, the Defendant was driving a vehicle of ebenz E350 without obtaining a driver’s license, and the Defendant changed the course while driving the vehicle at a speed of about 20 km in the direction of the city in the direction of the new village along the four-lane between the six-lanes in front of 174-12 and the six-lane in Mapo-gu, Mapo-gu, Seoul.

In this case, there was a duty of care to inform the driver of a motor vehicle of the direction, etc. in advance, and to change the course safely by keeping the situation of the front and rear and the right-hand traffic well.

Nevertheless, when the Defendant neglected this and changed the lane from the four lanes to the five lanes on the above road as a result of the Defendant’s negligence, the Defendant received the part of the victim’s GYF Sota taxi driver’s back part of the GYF driver’s seat in the above Benz.

Ultimately, the Defendant left the scene without immediately stopping a traffic accident that leads to approximately KRW 347,00,00 of the repair cost due to the exchange, etc. of the damaged vehicle due to the above occupational negligence, and escaped without taking necessary measures as an accident driver.

2. Violation of the Road Traffic Act (Refusal of the measurement) has reasonable grounds to recognize that the Defendant was driving under the influence of alcohol by transferring it to the traffic survey gauge of the Seoul Mapo Police Station located in 183 as the Mapo-gu Seoul Mapo-gu (Seoul Mapo-gu) due to traffic accidents as set forth in paragraph (1) of the same Article, such as drinking and smelling on the face of the Seoul Mapo Police Station, setting a redlight, and driving under the influence of alcohol, etc., and accordingly, from around 00:41 on November 6, 2013 to around 01:15, the Defendant did not comply with the measurement without justifiable grounds, even though he was required to take the alcohol measurement three or more minutes from H on three or more occasions by the Chief Ha

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition of a traffic accident, the driver concerned, and the driver concerned;

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