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(영문) 수원지방법원 성남지원 2012.06.07 2012고합137
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (unlicensed Driving) Defendant is a person engaging in driving of a vehicle C mixed.

On February 18, 2012, the Defendant driven the above vehicle without obtaining the driver's license on February 22:35, 2012, and led the Defendant to drive the vehicle on the right side of the central library located in the camping-dong of Seongbuk-gu, Sungnam-si.

At the time, the EST5 car of the victim D(29 years old) driving was stopped for the signal atmosphere. In such a case, the defendant engaged in driving of the motor vehicle had a duty of care to maintain the safety distance and properly operate the steering gear and the brake system and prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and proceeded with the above IM5 vehicle as a part of the crime in front of the above m&5 vehicle, and caused the victim D to suffer from the sM5 vehicle spatitiss, which requires the victim D to provide treatment for about two weeks. The victim F, who was on the above M5 vehicle, was on board the spatitiss in need of treatment for about three weeks.

2. On February 19, 2012, the Defendant violated the Road Traffic Act (Refusal of the measurement of drinking level) and was demanded to comply with the measurement of drinking level by inserting approximately 20 minutes of drinking level, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face, while driving the said mixed-use vehicle at the H district of the branch police station located in Seongdong-gu, Seongbuk-gu, Sungnam-si, as prescribed in paragraph (1), while drinking the said mixed-use vehicle while drinking as stated in paragraph (1) at the H district of the branch police station located in Seongbuk-gu, Sungnam-si.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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