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(영문) 서울동부지방법원 2018.05.17 2018고단546
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for up to eight months and by a fine of up to 200,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

1. A violation of the Road Traffic Act (after-accident) by the Defendant is a person who is engaged in driving a B rocketing motor vehicle.

On February 8, 2018, the Defendant driven the above car at a speed of about 20 km from 00:35 to the front side of Pyeongtaek-si at the office of office located at Pyeong-si at Pyeong-si at a speed of about 20 km.

At the time of night, a person engaged in driving service has a duty of care to safely drive, such as taking the front, rear, and left and right well, and accurately operating the steering gear and brakes.

Nevertheless, the Defendant neglected to drive the vehicle and received the back dump truck's right-hand part of the victim D's E dump truck which was parked on the left-hand side of the running direction by negligence.

In the end, the suspect destroyed the dump truck of the injured party so that the repair cost equivalent to KRW 1,115,400, such as the bloet, etc. due to the above occupational negligence and escaped without taking necessary measures such as making a stop and informing his/her personal information.

2. On February 8, 2018, the Defendant: (a) driven the said rocketing car under the influence of alcohol, such as drinking and smelling on the face of the Defendant, from a policeman G, who is in charge of the safety of life at the Pyeongtaek-gu Police Station F police box at the place prescribed in paragraph (1) of the said Article, at around 01:02, while under the influence of alcohol, he/she driven the said rocketing car.

There is a reasonable reason to determine a person who has been requested to respond to the measurement of drinking by inserting approximately 10 minutes the whole in a drinking measuring instrument.

Nevertheless, the defendant's "if it is necessary to do so."

"A police officer did not take a walk," and a police officer did not comply with a police officer's request for alcohol testing without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic accidents and a survey report on actual condition;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. A copy of the ledger using drinks for drinking;

1. A damaged vehicle;

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