beta
(영문) 창원지방법원 마산지원 2014.04.15 2013고단960

특정범죄가중처벌등에관한법률위반(도주차량)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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Domp Vehicles) the Defendant is a person engaging in driving a motor vehicle B.

On November 4, 2013, the Defendant driven the above vehicle on the 23:38th day of November, 2013, and led to the driving of the tin-dong train from the Masan-si, Changwon-si to the dynamic integrated market.

At this point, the person engaged in the driving of motor vehicles as a narrow general traffic route has a duty of care to live well as to drive motor vehicles safely.

Nevertheless, under the influence of alcohol, the Defendant was on the right side of the Defendant’s vehicle C(17 years of age) that passed along the edge of the road on the right side of the vehicle.

Ultimately, even if the Defendant suffered injuries, such as the right satisfaction and slick slick, etc., in need of treatment for about two weeks, the Defendant left the scene without taking necessary measures, such as providing relief to the victim.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to comply with a drinking test by inserting a drinking measuring instrument over about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling and smelling on the face of the above police station guard and the slope D, and making it possible to recognize that he/she was driving under the influence of alcohol, at around 0:40 on November 5, 2013, when he/she escaped and was arrested in the scene of a traffic accident, and was taken into custody of a traffic inspector in the Masan-dong Police Station located in the Masan-gu, Changwon-gu, Changwonwon-si.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A C Statement and a E Form of Traffic Accidents Report 1.