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(영문) 울산지방법원 2016.10.05 2016고단2758
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

1. On July 21, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) and operated a Category C Radon car in the section of approximately 3 km from the Hansung-dong, Ulsan-gu without obtaining a driving license on July 21, 2016 through the Hansung-dong road located in the same road adjacent to the same road adjacent to the same road adjacent to the same road.

2. Although the Defendant did not dispute the violation of the Road Traffic Act (ex post facto action) but as a result of the search, the judgment of whether the instant case was similar to that of the Supreme Court Decision 2014Do16656 Decided March 12, 2015 was considered.

Unlike the above Supreme Court Decision, when comprehensively taking account of the road conditions at the time of shock, the situation where the victim was scambling the Defendant’s vehicle at the time of shock, the circumstances where the victim might have caused another traffic risk and hindrance (see, e.g., Supreme Court Decision 2011Do1843, Apr. 28, 2011) at the time of shock and pleading, two cases cannot be deemed the same (see, e.g., Supreme Court Decision 2011Do

Furthermore, (1) In addition, it is reasonable to view the Defendant guilty when comprehensively considering the following: (2) the fact that the victim’s damage recovery factor cannot be entirely excluded in the protected legal interest of the measure after the instant accident; and (3) the fact that the Defendant was not guilty of the case, such as the instant case, does not concern the awareness that the Defendant would escape only if the victim was a minor physical accident; and (3) such type of crime is often committed by the driver who was involved in the accident while driving in a drinking state by reporting the victim’s police report, etc. at the scene and making the driver who was involved in the accident at the scene of drinking, and even at the preventive source therefor, there is a need to

The defendant is a person who is engaged in driving a car with Crato.

On July 21, 2016, the Defendant driven the above car at around 20:35, and proceeded along the four-lane road of the new road located in the west-gu, Ulsan-gu, Ulsan-do along one-lane from the boundary of the Ulsan Airport.

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