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(영문) 대전지방법원 2017.11.02 2017고단202
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B in violation of the Road Traffic Act (unnecessary Measures after Accidents) and the Road Traffic Act (unlicensed Driving).

On December 3, 2016, the Defendant driven the said vehicle without the driver's license of the motor vehicle on December 15:40, 2016, while driving the said vehicle at a speed that would not be known by one of the two-lanes towards the visible distance from the training center for smooth transmission, as long as it is on the route, such as Daejeon Seo-gu, Seo-gu.

At the time, vehicles were engaged in driving on the front side of the direction of driving, so there was a duty of care to safely drive the vehicle as a person engaged in driving on the front side.

Nevertheless, the Defendant, who neglected this and stopped at the front of the victim C(34) driver's license, had the back portion of the victim C(34) driver's license, and did not take necessary measures so that the above M& driver's license would amount to approximately KRW 280,982 for repairing the above M&, and operated the above M& driver's license without taking necessary measures.

2. On December 3, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling and smelling on the face at the transportation survey office of the Busan Police Station located in Seosan-dong, Daejeon, Daejeon, on December 17, 2016.

Due to reasonable grounds, there was a demand from E of the police station to respond to the measurement of drinking alcohol by inserting approximately 30 minutes in a so-called drinking measuring instrument.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

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

1. Statement of the circumstances of the driver involved in driving;

1. Reports on internal investigation (on refusal to measure drinking);

1. A report on traffic accidents and a survey report on actual condition;

1. A person to whom the case is to be raised;

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