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(영문) 대구지방법원 경주지원 2016.12.21 2016고단903

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in driving a vehicle with C low-speed.

On October 21, 2016, at around 21:30 on October 21, 2016, the Defendant driven the said car at the alley in front of the Empt D, and continued to proceed at an unspeed speed.

At the time, the location is a narrow alley length and the vehicle coming from the front side of the defendant's vehicle. Therefore, the defendant engaged in driving a vehicle had a duty of care to live well before and after the vehicle and to prevent the accident by safely driving the vehicle.

Nevertheless, due to the negligence of neglecting this, the Defendant was found to have received the front part of the Defendant’s car from the victim FF drive G, which was stopped in the rear direction of the Defendant’s proceeding, as the rear part of the Defendant’s car.

Ultimately, the Defendant, by occupational negligence, destroyed the above damaged vehicle in a amount equivalent to KRW 384,740, and escaped without immediately stopping and checking the status of damage.

2. Around October 21, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) operated a passenger car without a vehicle driver’s license at a section of approximately 100 meters from the front side of the oil source apartment in the Yellow-dong of the racing city to the front side of the 202-dong parking lot of the 100-dong 100 meters wide from the front side of the 100-dong parking lot.

3. 공무집행방해 피고인은 2016. 10. 21. 21:50경 경주시 황성동에 있는 황성주공2차아파트 202동 주차장 앞 노상에서, ‘술에 취한 사람이 운전을 하려고 한다’라는 내용의 F의 112신고를 받고 위 현장에 출동한 경주경찰서 H파출소 소속의 순경 I이 피고인에게 운전면허증 제시를 요구하자, “내가 운전하는 것을 보았나. 증거 대라 씹쌔끼야. 내가 벌금을 천만 원이나 냈다.”라고 욕설하고,...

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