beta
(영문) 대전지방법원 2018.04.12 2018고단554

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Do Governor's Violation of the Road Traffic Act) and the violation of the Road Traffic Act (hereinafter referred to as "accident") on January 10, 2018, the Defendant driven a coo motor vehicle in B on January 10, 2018, while driving the coo motor vehicle in B at around 00:23, 2018 and driving the five lanes in front of the Daejeon Daejeon IC, along the flow of the coo-distance, toward the future from the border distance. In such a case, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle is obliged to take a duty of care of keeping the front direction and the left right and right and the right and the right

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding without neglecting it, and the Defendant was able to take the back of the victim C's cab for D business use, which was stopped for the signal waiting in front of the Defendant vehicle, into the front gate of the Defendant vehicle.

Defendant 1 caused injury to the victim, such as salt, tension, etc. of the bones of wood that requires medical treatment for about two weeks due to such occupational negligence, and at the same time, Defendant 1 destroyed the panion, etc. of the said taxi to take 801,028 won in repairing expenses, and escaped without taking necessary measures, such as providing relief to the injured party by immediately stopping the taxi.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant, as mentioned in the preceding paragraph, was arrested as the current offender while escaping from a traffic accident on January 10, 2018, and was under the influence of alcohol, such as drinking and smelling within the police box of the Seongbuk-gu Daejeon E on January 10, 2018, and driving a motor vehicle while under the influence of alcohol, such as setting a redlight on the face.

There is a reasonable reason to determine a person, and by around 01:52 of the same day, it was demanded that the person comply with the measurement of drinking by inserting four minutes into a drinking measuring instrument for about 16 minutes on the same day.

Nevertheless, the defendant repeated his statement that he would not comply with the drinking test, and failed to comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1.