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(영문) 의정부지방법원 2020.12.21 2020고단3998
도로교통법위반(음주측정거부)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

[criminal power] On July 16, 2014, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court on July 16, 201, and on July 7, 2020, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime at the same court on July 15, 2020.

【Criminal Facts】

1. Violation of the Road Traffic Act (AFS) is a person who is engaged in driving a Bsch Rexton car.

At around 00:10 on March 27, 2020, the Defendant proceeded at a speed of two lanes from D's right side to D's right side, with one lane from D's right side.

Since the place is where the center line and the center separation zone are installed in the yellow domin line, there was a duty of care to safely operate the car lines by maintaining the wheel line through thorough operation of the front line and accurate operation of the steering wheel and brake system of the vehicle.

Nevertheless, the Defendant neglected to operate the steering wheel and brakes in an unbrupt manner, and neglected to go beyond the central line, and went beyond the central line to the opposite line, and re-concepted the central separation zone by going back to the opposite line.

Ultimately, even though approximately KRW 554,560 of the repair cost was damaged to the extent that it was caused by the occupational negligence above, the Defendant immediately stopped and escaped without taking necessary measures, even though fugitives, such as the strike, were scattered on the road.

2. On March 27, 2020, the Defendant violated the Road Traffic Act (refluence of the measurement) was dispatched to the scene of the accident described in the above paragraph (1) and called “on March 27, 2020, in the Defendant’s residence located in Scheon E and F around 01:16, when receiving a report from 112 that “it is difficult for the Defendant to pass through because the vehicle is going on the road by being equipped with the flowers and is going on the road,” and again called “on the part of the G police box sent to the said Defendant’s residence on the basis of the scams and

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