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(영문) 의정부지방법원 고양지원 2018.12.14 2018고단2659

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a Bchip car.

1. On October 6, 2018, the Defendant violated the Road Traffic Act (unnecessary measures after accidents) led to the two-lane roads in front of the Seo-gu Busan Metropolitan City, Seoyang-gu, Seoyang-gu, Seoyang-gu, one-lane in the comprehensive sports field from the area of the Pasan Hospital to the area of the sports field.

Since there is a center of separation, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with a duty of care to live well on the right and the right of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving a vehicle while neglecting the duty at the front time, received the central separation stand, which is the facility owned by the Gu office in the Yongsan-gu and the front part of the car of the Defendant.

As a result, the Defendant, by occupational negligence, destroyed the above central separation cost of KRW 1,319,880, and immediately stopped and escaped without taking necessary measures.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant driven the said vehicle at the same time and place as the preceding paragraph, causing an accident as that set forth in the preceding paragraph, and escaped from the vehicle. Upon receiving a report, the Defendant driven the vehicle under the influence of alcohol, such as smelling the Defendant, smelling it on the face of the D police unit belonging to the Seocho-gu Busan Western Police Station D police station, which called for, and making the notification.

Even though there are reasonable grounds to determine the person, the person was requested to respond to the measurement of drinking for about 30 minutes on three occasions, and the person did not comply with it without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A traffic accident report, a survey report, and a photograph of the scene of the accident;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of the written estimate statutes;

1. Relevant legal provisions and Articles 148 and 54(1) of the Road Traffic Act concerning facts constituting an offense (the point of taking any measure after an accident and the choice of imprisonment);