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(영문) 대전지방법원 2015.04.08 2015고단228 (1)

도로교통법위반(음주측정거부)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 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 service of 1 ton cargo vehicles B.

On January 4, 2015, the Defendant driven the above cargo while under the influence of alcohol at around 03:50, and driven the two-lane road in front of Daejeon Seo-gu, Seo-gu, Seo-gu, with one-lane speed from the right edge to the substation.

At the time of night, there was a duty of care to see the front left by a person engaged in driving of a motor vehicle and to accurately operate the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant, while driving at a roadside while neglecting to do so, took the victim E, who is the victim E, parked on the side of the two-lane vehicle, and went back to the front part of the said cargo vehicle, and again took the victim G-owned part of the said passenger vehicle, which was parked in the front part of the said cargo vehicle, and said that the victim G-owned part of the said passenger vehicle, who was parked in the said passenger vehicle, would turn back to the front part of the said cargo vehicle, and would settle the said cargo vehicle to the victims without disclosing his personal information.

Ultimately, the suspect did not take necessary measures against the traffic accident that causes damage to the repair cost of KRW 2,439,072, such as the replacement of the above Lone Star car after the above business negligence, and the repair cost of KRW 2,301,836, such as the replacement of the above taxi after the above taxi, even if he did not take necessary measures.

2. Violation of the Road Traffic Act (Refusal of measurement) provides reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as where the Defendant caused a traffic accident as described in the foregoing paragraph (1) and went away from the site and was dispatched after receiving a report of a traffic accident from the above persons, and the Daejeon Western Police Station guard, the traffic of the Daejeon Police Station, and the traffic survey guards I snife and snife with red face, and thus, the Defendant was driving under the influence of alcohol from around 03:50 on January 4, 2015 to around 04:

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