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(영문) 부산지방법원서부지원 2020.08.25 2020고단1178
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for two years.

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

[Criminal Power] On April 5, 2017, the Defendant was notified of a summary order of KRW 1,50,000 as a crime of violation of the Road Traffic Act at the Busan District Court.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident after Accidents) are those engaged in driving motor vehicles BK3;

Around 22:50 on February 18, 2020, the Defendant driven the said car and proceeded with the two-lane road in front of the “D” located in Yangsan City, according to one-lane from the “E” coffee shop to the “F”.

At the time, there was a victim G(44 years old) of a bicycle at night, and there was a duty of care to thoroughly operate the steering room and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the operation of the steering system in order to prevent accidents in advance.

Nevertheless, the Defendant failed to find the victim due to the negligence of neglecting the previous week while drinking, and received the victim's bicycle from the victim in front of the car and exceeded the land.

Ultimately, the Defendant, by occupational negligence, sustained injuries, such as salt bars and tensions, etc., to the victim for about three weeks of medical treatment, and, at the same time, did not immediately stop the above bicycle amounting to KRW 150,000,000 at the market price and runs away without taking measures, such as aiding the victim.

2. Violation of the Road Traffic Act (Refusal of measurement) provides that the Defendant may have a reasonable ground to recognize that he was driven under the influence of alcohol, such as smelling, smelling, not walking properly, and towing on the face, at the Im of Yangsan Police Station, which was arrested as a flagrant offender on the grounds of the foregoing paragraph (1) around February 18, 2020, by inserting the flag from the slopingJ to which the Im of Yangsan Police Station belongs.

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