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(영문) 대구지방법원 경주지원 2015.02.16 2014고정265

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. Violation of the Road Traffic Act (AFS) The Defendant is a person who drives the B Trate of Car on duty.

On April 7, 2014, at around 22:05, the Defendant proceeded with the roads in front of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY,

In such cases, a person engaged in driving service has a duty of care to prevent accidents by taking the front left left and right well and driving safely.

Nevertheless, the Defendant neglected this and proceeded with the victim C (ma, 42 years old) driving Do Ra Ra Ra Ra Ra Ra Radon, which led to the collision with the front part of the above vehicle.

Accordingly, if the defendant suffered physical damage equivalent to 354,478 won such as repair costs, such as white-lapsing of damaged vehicles, the defendant immediately stopped and escaped without any necessary measures, even though he/she should take necessary measures.

2. On April 7, 2014, the Defendant is driving a vehicle for riding B Tline under the influence of drinking alcohol on the front side of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

The victim C (the South, the 42-year-old driver), followed the vehicle in front of the above vehicle and escaped, but there were reasonable grounds to recognize that the vehicle was driven while under the influence of alcohol, such as smelling and rhyming the horses, after arresting the F of the police box in front of the above vehicle, and arresting the Defendant, the Defendant was required to comply with the measurement of alcohol by inserting the breath during the influence of alcohol between around 23:20 on April 7, 2014 and around 23:56.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 등 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the Police Statement regarding C 1.

참조조문