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(영문) 전주지방법원 정읍지원 2015.09.15 2015고단359
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) by the Defendant is a person engaging in driving a CFS car.

On July 23, 2015, the Defendant driven the above vehicle around 22:20 on July 23, 2015, and led to the intersection of the distance in front of the elimfr, which is in the hydro-Eup/Myeon of the previous Eup, at the speed of speed of which the speed cannot be known in accordance with one way from the ebbs of the front-Eup to the ebs of the front-Eup.

At this point, since the yellow signal was on-and-off at the time of the intersection with the signal apparatus installed, there was a duty of care to prevent accidents, such as driving a motor vehicle, after checking whether there was a motor vehicle that first entered the intersection while driving the motor vehicle to a person engaged in driving the motor vehicle.

Nevertheless, the Defendant neglected to do so and received the part of E-thro vehicle’s right-hand part behind the right-hand part of E-thro vehicle operated by the victim D, which entered the intersection, from the Defendant, to the right-hand part of E-cus vehicle operated by the Defendant.

Ultimately, the Defendant did not stop the car to the extent that the repair cost of KRW 810,436, such as a fembbbl-L exchange, etc. due to the above occupational negligence, and escaped without taking necessary measures, such as aiding the victim, even if the Defendant damaged the car to the extent.

2. On July 23, 2015, the Defendant was demanded to respond to a drinking test by inserting a drinking measuring instrument over about 30 minutes on the date and time as stated in Paragraph (1) of the Road Traffic Act at around 23:20 on July 23, 2015, as stated in Paragraph (1) at a place and as stated in Paragraph (1) at a remote place located in the upper east-gu, Seoul Special Metropolitan City in front of 205, an apartment in front of 205, where the Defendant was under the influence of alcohol, such as drinking alcohol, drinking alcohol, traffic, and traffic survey at regular police station guard at the front 205-dong parking lot in front of the front 205-dong in which he was under the influence of alcohol.

Nevertheless, the Defendant, without complying with the alcohol alcohol measurement, voluntarily avoided.

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