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(영문) 춘천지방법원 2014.07.24 2014고단474
도로교통법위반(사고후미조치)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (ASPS) is a person engaged in driving a CSP car.

On April 29, 2014, the Defendant driven the said car on April 22 and 30, and led the Defendant to drive the said car along the same one-lane from the direction of the selective line to the Indones Hospital instead of the one-lane road in front of the Seongdong-gu, Yangwon-gun, Yangwon-gun, Yangyang-gu, Yangwon-gun.

At night, there was a duty of care to reduce speed and operate safely by checking the right and the right and the right of the driver of the motor vehicle, because the E-gpacker car owned by the victim D was parked in the front door.

Nevertheless, the defendant neglected to do so and proceeded as it was caused by negligence before the left-hand part of the car of the defendant, and received the top-hand part of the car.

Ultimately, the Defendant, by occupational negligence as seen above, avoided the repair cost of KRW 684,01 to the extent that the repair cost is 684,01, but did not immediately stop and take necessary measures, and escaped without any necessary measures.

2. On April 29, 2014, at around 22:30, the Defendant: (a) caused a traffic accident as described in paragraph (1) while driving CSP car in front of a sexual luminous smoke house located in the F of Gangwon-gu, Yangyang-gu; (b) on the road in front of the foregoing traffic accident site, the Defendant was in compliance with the demand for a drinking test by inserting it into the drinking measuring instrument from H to the Defendant, such as drinking and smelling the Defendant on the front of the two-gu police station patrol box located about about 1km at the scene of the traffic accident; and (c) there is reasonable ground to recognize that the Defendant driven under the influence of alcohol, such as drinking and smelling on the face of the above police box, from around 22:54 on April 29, 2014 to around 23:24 of the same day.

Nevertheless, the defendant's refusal to take a drinking test is a police officer's refusal without any justifiable reason.

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