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(영문) 광주지방법원 목포지원 2014.07.04 2014고단659

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing vehicle B.

1. On February 16, 2014, the Defendant was driving the above vehicle on February 22 and 15, 2014, and led to the front of the 1st three parallels of the 3rd parallel of the 4rd parallel of the 3rd parallel of the 3rd parallel of the 3rd parallel of the 4rd parallel of the 4rd parallel.

The location is that the four-lane road is "T"-type, and since it is at night at the time of the accident, the defendant engaged in driving service has a duty of care to look well at the right and the right and the right and the safe driving of the accident and prevent the accident from occurring.

Nevertheless, the defendant neglected this and caused the negligence of driving the vehicle by driving the vehicle by the defendant, and caused the victim C's vehicle flow in the same direction above the left side of the vehicle driven by the defendant, and caused the driver's right side after the driver's vehicle flow in the same direction.

Although the Defendant, by such occupational negligence, has damaged the damaged vehicle to have a considerable amount of KRW 358,270,000, the Defendant immediately stopped and did not take measures at the time of the occurrence of a traffic accident.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) received a request from F to comply with a drinking test by a drinking measuring instrument or a drinking test by blood collection while driving the said rocketing vehicle at the time and at the same time as indicated in paragraph (1) of this Article, the Defendant was deemed to have driven under the influence of alcohol, such as drinking, smelling, and drinking, b2:45 on the same day, 22:5 on the same day, 23:5 on the same day, and 23:10 on the same day, while driving the rocketing and other vehicles at the speed of 13:0 amb.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report, the statement of the circumstances of the driver, and the drinking driver;

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