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(영문) 대전지방법원 2017.04.21 2016고단2868
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 Road Traffic Act (after-accident) the Defendant is a person engaged in driving a vehicle of Cenz.

On February 14:15, 2016, the Defendant driven the above car and continued to drive it from the area of the Daejeon High School, the area of the mountain mountain village in the Jung-gu, Daejeon.

At the time, there are different vehicles on the left side of the lane in which the defendant was running, so there was a duty of care to maintain the distance between the vehicle and the vehicle's driver, and to prevent the accident in advance by operating the vehicle in compliance with the lane.

Nevertheless, the Defendant neglected to do so and proceeded with the Defendant’s negligence and received the part front of the victim D(34 tax) to the right side of the instant vehicle driving by the victim D(34).

Ultimately, the Defendant, by such occupational negligence, destroyed the victim’s car to the extent of KRW 613,037,000 for repair, and immediately stopped and escaped without taking necessary measures.

2. On February 15, 2016, the Defendant violated the Road Traffic Act (refluence of drinking), following the report on the occurrence of a traffic accident under paragraph (1) on the front of the Seo-gu Daejeon, Seo-gu, Daejeon, Daejeon, Police Station G belonging to the Daejeon, who called the Defendant, smelled the Defendant, and the victim, who is the other party to the accident, drives the vehicle while the victim, who is the other party to the accident, drives the vehicle.

Defendant was driven under the influence of alcohol, such as statement, etc.

인 정할 만한 상당한 이유가 있어 약 30분에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받고도 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하였다.

Accordingly, the defendant is in a drunken state.

In a situation where there is a considerable reason to determine a person, a police officer did not comply with a request for a measurement of drinking without justifiable grounds.

Summary of Evidence

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