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(영문) 서울중앙지방법원 2016.12.15 2016노4015
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The date and time of the traffic accident as to the violation of the Road Traffic Act due to the failure to take measures after the accident, among the facts charged in the instant case, was 00:45 on January 2, 2016 and 01:00 on January 2, 2016. However, the lower court erred by misapprehending the facts, which found that the traffic accident occurred, such as the facts charged, around 01:10 on January 2, 2016.

B. The result of the measurement of drinking alcohol, which corresponds to the point of drinking driving among the facts charged in this case, is against the rules of evidence as to the driving under the Korea-U.S. Administrative Agreement and the defendant's rights, and it is not admissible as illegal evidence, and there is a lack of evidence to find otherwise, the court below erred in finding the guilty

C. The court below’s sentence of unreasonable sentencing (the fine of four million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts as to the non-measures after an accident, especially the statement of 112 Reporting Cases and the statement at the court of the court below at the court below as to the witness of the court below, it is sufficiently recognized that the defendant escaped without taking necessary measures despite the occurrence of a traffic accident, such as the statement in the facts charged, around January 2, 2016.

The above argument by the defendant cannot be accepted.

(b)With respect to the assertion of misapprehension of the legal principles as to drinking driving, Article 22 of the Agreement between the Republic of Korea and the United States of America regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea (hereinafter referred to as the "Agreement of this case") and Article 22(5)(c) of the Understanding Regarding Agreed Minutes may read "the Korean authorities may, in the presence of the representative of the United States properly appointed, examine members, civilian employees or families of the United States Armed Forces, and the case after the arrest shall be directed before the delivery of the soldiers to the United States Armed Forces.

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