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(영문) 대구지방법원 안동지원 2015.06.02 2015고단231
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing) is a person engaged in driving Cenz motor vehicles.

Around 01:40 on March 30, 2015, the Defendant was driving the said car, while driving the EKapway in front of the EKap, which is in front of the said car, and driving from the street to the head of the Dong-dong camp. On the part of the victim F (the age of 44) who walked in the same direction at the front side of the said vehicle due to the occupational negligence going through without thoroughly examining the front side of the said vehicle, the Defendant left the front part of the said vehicle, and escaped without taking necessary measures, such as relief of the victim, etc.

2. The Defendant violated the Road Traffic Act (refluence of the noise measurement) driving a approximately 2 km section from the date, time and place specified in the foregoing paragraph (1) to the second apartment parking lot at the same time. The Defendant was arrested as an offender in the act of committing an act of committing an offense against the police officer, who is the police officer belonging to the Ansan Police Station G District, called up after receiving a traffic accident report.

At the time, there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as having a little rhythm, having a little string of walking and having a little string of walking with a red and smelling, etc., so, the Defendant was requested to take a drinking test by means of respiratory testing three times from around 02:10 of the same day to 02:44 of the same day, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the actual situation investigation and the arrest of a case;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and written confirmation of notification of a person who fails to comply with a drinking test;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts and Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Punishment, etc.

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