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(영문) 서울남부지방법원 2016.04.12 2016고단375

도로교통법위반(사고후미조치)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of 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 a rocketing car in a way that is in violation of the Road Traffic Act (after the accident).

On November 15, 2015, the Defendant driven the above vehicle at around 17:22 on November 15, 2015, and led to the driving direction of the 156 Crack-ro, Yeongdeungpo-gu, Seoul, to the direction of the inter-nicking.

At the same time, there was a duty of care to safely operate the Defendant, such as moving the front side and the left side, and driving it on the left-hand side.

Nevertheless, the Defendant neglected this and went to the left and went to the left at the intersection, and, due to the negligence of going to the left and going to the left, conflict with the DK5 si's left side of the victim C(67 Doe) driving, which was going to the right side of the Defendant, with the front side of the Defendant.

Ultimately, the Defendant, by occupational negligence as above, destroyed the property to have approximately KRW 689,198 of the repair cost on the damaged vehicle and escaped without immediately stopping the property and taking necessary measures.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), Defendant 1 was under the influence of alcohol at the 608 Yeongdeungpo-gu Police Station at the National Assembly of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul at around 18:2 on the same day, by destroying the victim’s vehicle and arresting him/her as stated in the above paragraph (1), and driving the vehicle under the influence of alcohol, such as the flusing of red and visual shock, and the flusing of the victim’s face from the light light E belonging to the police station in the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

Even if there are reasonable grounds to recognize it, the police officer did not comply with a request for the measurement of drinking without justifiable grounds despite the request for the measurement of drinking four times between about 40 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A traffic accident investigation report, traffic accident occurrence report, and traffic accident;