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(영문) 인천지방법원 2020.01.22 2019고단8303
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a vehicle B put to B.

On October 27, 2019, the Defendant driven the above car at around 20:30, and changed the three-lane roads following the Yeonsu-gu Incheon Metropolitan City C apartment to the two-lanes while driving along the three-lanes from the front school distance boundary to the repair string distance.

In this case, there was a duty of care to inform a person engaged in driving of a motor vehicle of the direction such as direction, etc. in advance and to change a lane safely by properly examining the traffic conditions of the front and rear left.

Nevertheless, the Defendant neglected the above duty and caused the damage of the repair cost, such as the replacement of the rear-down car, to the right-hand border of the passenger vehicle owned by the victim E, which is run in two-lanes by the negligence of changing the course, and caused the damage to the right-hand border of the vehicle owned by the victim E, the Defendant left the site without taking necessary measures at the time of the occurrence of the traffic accident, even though the damage was caused by the loss of the repair cost equivalent to KRW 205,978.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to comply with a drinking test by inserting alcohol in a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as smelling, smelling, drinking, and drinking on the breath of the Incheon Yeonsu-gu Incheon Training Police Station, at around 21:00 on the same day while driving a B-hand car with drinking alcohol at the same time and at the same place as the above paragraph (1).

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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