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(영문) 수원지방법원 2014.04.17 2013고단7267
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 who is engaged in driving a Brane car.

The Defendant, at around 16:40 on September 29, 2013, driven the said car and walked the road in front of the Young-nam apartment management office located in the Young-gu Seoul Metropolitan Franchisdong in Suwon-gu, Suwon-si, the Defendant failed to take necessary measures, such as checking the damage caused by the Defendant’s fault in the course of business, which caused the victim’s damage to the left-hand part of the victim’s Dahn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wed

2. On September 18, 2013, the Defendant received a report that the occurrence of a traffic accident, such as the preceding paragraph, at an office of the transportation survey division of the Suwon Police Station around 18:05 on September 29, 2013, and there were reasonable grounds to believe that the Defendant was driven under the influence of alcohol, such as smelling and smelling on the face, and thus, the Defendant was demanded to comply with the alcohol testing by inserting the breath of the Suwon Police Station traffic survey personnel E from around 20 minutes in a breath of the alcohol measuring instrument.

Nevertheless, the defendant, by refusing to put the whole in a drinking measuring instrument, failed to comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes, such as scenes and vehicles;

1. Relevant legal provisions concerning the facts of crime, Articles 148, 54 (1), 148-2 (1) 2 and 44 (2) of the Road Traffic Act which choose the penalty, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the crimes provided for in the former part of Article 38, Article 38 (1) 2 of the Criminal Act]

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