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(영문) 울산지방법원 2013.08.09 2013고단1180
도로교통법위반(사고후미조치)등
Text

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. The defendant is a person who is engaged in driving service of BM5 vehicles in violation of the Road Traffic Act (unnecessary Measures after Accidents) and the Road Traffic Act (Unlicensed Driving).

On February 14, 2013, at around 03:25, the Defendant driven the said car without a driver’s license in front of the posters picker’s road located in the Southern-si, Yangsan-si.

On the opposite line, there was a duty of care to reduce the speed and prevent the collision with the vehicle coming from the opposite part of the driver's service, so the defendant engaged in the driver's service had a duty of care to prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol without a driver's license, was negligent in driving without a driver's license, and the Defendant reported the vehicle of the Defendant and stopped the vehicle, and received the left front part of the vehicle in the above SM5 vehicle.

Ultimately, the Defendant did not immediately stop and take measures such as cutting down fugitives, even though the repair cost, such as the replacement and maintenance of the front vehicles by negligence on duty, to the extent that KRW 511,617, such as cutting down the car and destroying the car.

2. The Defendant, at the same time and at the same place as the preceding paragraph, was arrested of F in the staff belonging to the Yangsan Police Station E boxes called up after receiving a report on the front of a terminal located in the north-dong, Yangyang-si, Yangyang-si.

On February 14, 2013, at around 04:55, the Defendant: (a) there exist reasonable grounds to recognize that he was driving of the said SM5 vehicle while under the influence of alcohol at the H police box located in Yangyang-si G on February 14, 2013; (b) was demanded from the above F to comply with a drinking-free measuring method by inserting the drinking-free measuring instrument over about 39 minutes; and (c) did not comply with a police officer’s request for a drinking test without justifiable grounds

Summary of Evidence

1. The defendant;

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