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(영문) 인천지방법원 2013.08.27 2013고정794
도로교통법위반(사고후미조치)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 vehicle.

1. Around 01:45 on July 26, 2012, the Defendant was driving the said SM5 car, leading to a four-lane road in front of the Southern-gu, Incheon Metropolitan City, Namdong Fire Station, which is located in the 300-dong, south-gu, Incheon, to a minimum distance from the shooting distance of the route hospital, at such a speed that the Defendant is unable to know along the three-lanes.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to take the front door and left door well, and to accurately operate the steering gear and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected this and driven a two-lane while under the influence of alcohol, which led to the negligence of driving the two-lanes, and the two-lanes of the EKa car owned by the victim D, who was in a two-lanes, to the front part of the right-hand side of the EKa car above.

Ultimately, the Defendant did not take any measures to damage the upper right side of the car with the foregoing occupational negligence so that the upper part of the penter and the upper part of the car can be flicked.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) has caused a traffic accident as described in the above paragraph (1) of the same Article, and escaped and arrested a flagrant offender by D’s report. There are reasonable grounds to recognize the driving of a motor vehicle while under the influence of alcohol, such as heavy smelling in the Defendant’s entrance, and red lighting belt on face. On July 26, 2012, at the office of the Traffic Investigation Department of the Incheon Southern-dong Police Station around 03:12, the Defendant was demanded from the Inspector F to comply with a drinking measurement by inserting approximately 61 minutes in a manner of inserting approximately 61 minutes and three times in volume, but the Defendant did not comply with a police officer’s request for the measurement of drinking alcohol without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The actual condition survey report;

1. Investigative Report (Refusal of Sound Measurement) 1.

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