(영문) 대구지방법원 김천지원 2013.06.28 2013고정309

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(영문) 대구지방법원 김천지원 2013.06.28 2013고정309

도로교통법위반(사고후미조치)등

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1. The defendant shall be punished by a fine of KRW 7,00,000.

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car.

1. At around 00:30 on December 9, 2012, the Defendant, while under the influence of alcohol, driven the car in front of the modern apartment, which is located in the Dobong-si, Young-si, Seoul Metropolitan City, by driving the said car directly from the flow room to the bend-down park at the bend-dong park.

At the same time, vehicles were stopped near the intersection with signal lights, and it was difficult at the time to stop the length, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the front door and the left door and the right and the right of the motor vehicle and by safely regulating speed in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to take a sudden operation and neglected to take a sudden action, received the part that was behind the right side of the victim C(the age of 29) driving which was in the atmosphere of the signal signal at the front.

Ultimately, the Defendant did not immediately stop and take necessary measures, despite the fact that the Defendant caused interference with traffic safety and prevention and safe and smooth traffic safety by destroying the victim’s right-learning passenger cars to repair the 367,363 won or more due to such occupational negligence.

2. On December 9, 2012, at around 01:20, the Defendant was demanded to respond to the measurement of drinking alcohol by inserting the whole breath between approximately 30 minutes of drinking, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking and smelling the Defendant from the slope F belonging to the above Estation, snicking the Defendant, etc.

Nevertheless, the defendant did not comply with the above F's request for the measurement of alcohol without justifiable grounds by taking care of his face, extending outside his arms, avoiding breathing measuring instruments, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with C 1.

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