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(영문) 대구지방법원 안동지원 2017.03.31 2016고단536
도로교통법위반(사고후미조치)등
Text

1. The punishment of the accused shall be one year;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (unnecessary Measures after Accidents) by the Defendant is a person who drives a Crails or car.

On November 7, 2015, the Defendant, at the permanent residence time D around 21:25, proceeded to the wind direction from the side of the Dongyang University. On November 7, 2015, the Defendant, following the left-hand side of the victim Franchising G Mran car running in the opposite direction, went to the front left-hand side of the Defendant’s front left-hand side of the said car, did not take any measures to damage the repair cost to the extent of KRW 600,000,000,000,000 won, and escaped in the direction of the wind direction.

2. A defendant who violated the Road Traffic Act (Refusal of measurement of drinking), driven a motor vehicle while under the influence of alcohol, such as drinking, drinking at the first road located in H, and smelling at the defendant's body, while flying along the same as that described in paragraph (1);

Since there are reasonable grounds to determine a person, the police box of the permanent police station has refused to comply with the request for the measurement of drinking for three times from K on the same day to 2:10 to 22:30 on the same day without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement made by a witness L;

1. Each statement of the F;

1. A traffic accident report, field map of a traffic accident, medication of a traffic accident, photograph of refusing to measure drinking, report on the detection of a driver at driving, report on the circumstances of driving at drinking, inquiry into the results of crackdown on drinking driving, a yellow survey, and a photo on the scene of an accident

1. Each investigation report and attached materials [the defendant alleged that the defendant did not have caused an accident by driving a train or car at the same time and place as stated in paragraph (1) of the facts charged, and that the defendant did not comply with the police officer's request for a measurement of drinking, but the above request for a measurement of drinking was made to the defendant who did not have driven a vehicle at the time.

Since there is no "reasonable reason to determine a person", it is difficult to deem that the above act violates Article 148-2 (1) 2 of the Road Traffic Act.

The argument is asserted.

In the light of the scambling, the background of the statement, the body of the person, etc.

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