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(영문) 대구지방법원 2014.09.03 2014고정1416

도로교통법위반(사고후미조치)등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 05:30 on March 23, 2014, the Defendant driven a rocketing car and proceeded along the four-lane road in front of Daegu Jung-gu along the same direction from the new intersection distance.

In such a case, the Defendant had a duty of care to safely operate by accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and went beyond the median line due to the negligence of driving while under the influence of alcohol, and tried to enter the lane again into the direction of driving again, and the unauthorized Crossing gate installed on the center line was shocked with the front part of the said vehicle.

As a result, the victim E-motor vehicle, which was driven in two-lanes of the same direction with the department of the Unauthorized Crossing, and became the right-hand side of the scattering, led to shocking the pent part behind the left-hand side of the victim E-motor vehicle.

As a result, the Defendant, by such occupational negligence, destroyed the victim’s Daegu Jung-gu Office’s unauthorized cross-breadth prevention pension amounting to KRW 659,915,00,000 for repair costs. The Defendant destroyed a passenger vehicle owned by the victim E and escaped without any necessary measure even after stopping the vehicle.

2. On 06:20 the same day, the Defendant was demanded to comply with the drinking test by inserting approximately 45 minutes in the traffic survey room of the Daegu Middle-gu Police Station in Daegu-gu on four occasions.

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. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Application Form;

1. Application of Acts and subordinate statutes to investigation reports (as to refusal of noise measurement);

1. Relevant Articles 148 and 54(1) of the Road Traffic Act (the occupation of a measure that is not taken after the destruction and damage of things) concerning the crime, and Article 148-2 of the Road Traffic Act.