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(영문) 수원지방법원 안산지원 2019.05.22 2019고단624
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2019 order 624] On February 9, 2019, the Defendant was required to respond to the measurement of alcohol by inserting the respiratory distance into a drinking measuring instrument for eight minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol due to drinking alcohol, such as a sniffing, sniffing, snowing, and an insular distance from the slope D belonging to the Sinung Police Station, which was dispatched after receiving the 112 report from B in front of Sinung-si, B on February 9, 2019.

Nevertheless, the defendant, by refusing to refuse to enter the part of the drinking measuring instrument, failed to comply with a police officer's request for a drinking test without any justifiable reason.

[2019 Height982] The Defendant is a person engaging in driving a rocketing car.

On March 7, 2019, the Defendant operated the said car on March 7, 2019, and proceeded in the direction of Incheon at a point 23.2 km away from the JC boundary to the luminous tunnel. The Defendant driven the said car at around 08:20 to the direction of Incheon at a point 23.2km away from the JC boundary to the luminous tunnel.

Since there are a lot of vehicles driving, in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by driving the vehicle safely by taking care of the front side and the left side of the vehicle.

Nevertheless, the Defendant neglected to drive the car and received the right side side of the car from the victim F (the age of 48) who was driving in the same direction two-lanes on the left side of the car.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks, and, at the same time, escaped without immediately stopping the said car and taking necessary measures, such as providing relief to the victim, even though the said car was damaged by the repair cost of KRW 2,015,143.

Summary of Evidence

[2019 Highest 624]

1. The defendant;

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