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Reasons
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(영문) 서울동부지방법원 2018.11.23 2018고단3247
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 31, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a car with C-Sa-pro-ro (Seoul Special Metropolitan City) as a duty, and driving the car at around 17:20, and driving the car at around 3,00,00 in the number of Gwangjin-gu, Seoul Special Metropolitan City, toward the direction of the Si/Gu, the four-lanes of the four-lanes of the four-lanes in front of the modern apartment (Jayangyangdong) in the direction of the Si/Gu, Guri-si. On the other hand, the Defendant failed to comply with the demand of police officers for drinking, as it was measured by negligence on duty, while he neglected to take care of the right and the right and the right and the right and the right and the right and the right and the right and duty to safely drive the car.

2. On August 31, 2018, the Defendant was demanded to comply with a drinking test by inserting alcohol measuring instruments over several occasions from G from the background of the Seoul Mine-gu Police Station F, Seoul on August 31, 2018, when he moved to FF of the Seoul Mine-gu Police Station due to a traffic accident, such as paragraph (1).

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on the actual situation, a statement on the situation of the driver in charge, a report on the detection of the driver in charge of driving, a statement on the control details, and a next statement;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Punishment, Article 268 of the Criminal Act (the occupational and de facto occupation) concerning criminal facts, Article 148-2(1)2 and Article 44(2) of the Road Traffic Act concerning the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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