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(영문) 제주지방법원 2020.07.22 2020고단736

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

1. The Defendant is a person engaging in driving of BMW vehicle.

On December 25, 2019, around 21:11, at Jeju, the Defendant continued the front road at C's entrance from D to E-section.

However, there is a signal pole on the right side of the vehicle, and in such a case, there was a duty of care to look at the right side of the vehicle, to accurately operate the steering gear and the steering system, and to prevent traffic accidents such as shock of facilities in advance by safely driving the steering gear and the steering system.

Nevertheless, the Defendant neglected his duty to stop driving and neglected his duty to stop driving, caused a traffic accident in which the pole of a signal light installed on the right side of the road, such as the signal light installed on the right side of the road, was taken into the right side of the above BMW vehicle, and caused a traffic accident in which the voltage is continuously changed.

Ultimately, the Defendant, by occupational negligence, went away from the site without taking any measures to destroy signal lights and transformers to the extent that the amount of approximately KRW 12,310,039, approximately KRW 12,310,039.

2. On December 25, 2019, the Defendant, as described in the preceding paragraph, left the site and confirmed the condition of the said BMW vehicle at around 23:50 on December 25, 2019.

Accordingly, the police officer G of the Jeju Police Station, who was dispatched to the scene after receiving the report of a traffic accident as stated in the preceding paragraph, did not comply with the police officer's request for the measurement of alcohol without justifiable grounds, even though the defendant requested the defendant to respond to the measurement of alcohol by inserting the breath during three times from 00:12 on December 26, 2019 to 0:28 on December 26, 2019, inasmuch as there are reasonable grounds to recognize that the defendant was making a traffic accident while driving the above vehicle while under the influence of alcohol, such as drinking in the entrance as an accident driver, showing the scene after leaving the scene, etc.

3. The Defendant who destroyed and damaged property on March 5, 2020.

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