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(영문) 수원지방법원 성남지원 2014.02.06 2013고단2873
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and a violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) were driven by a C low-speed motor vehicle around 16:15 on August 29, 2013, and the Defendant proceeded at a speed of about 40 km per hour according to five lanes from the long-distance flood protection area of Korean bank to the speed of about 2087, Jung-gu, Seoul Special Metropolitan City.

At the time, the E-A-car driven by the victim D was stopped at the front of the time, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering system and the brake system with the driver's duty of care.

Nevertheless, the Defendant was negligent in driving a vehicle while driving the vehicle as it is, due to the negligence of the Defendant, and received a driver after driving the vehicle in front of the Defendant’s vehicle.

The Defendant, by such occupational negligence, sustained injury to salt, tension, etc. by the 3 weeks’ treatment to the victim, and at the same time, escaped without any necessary measures, such as providing relief to the victim by immediately stopping a vehicle driving the victim, even though it is damaged to ensure that the amount of 4,485,450 won is equal to the repair cost.

2. On August 29, 2013, at around 16:55, the Defendant was demanded to comply with the alcohol alcohol test by inserting the breathm in a police officer, a police officer, when there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as smelling and smelling the Defendant within the G police box located in F in Seongdong-gu, Seongdong-gu, Sungnam-gu, Sungnam-gu, and showing a breathic response to drinking, etc.

그럼에도 불구하고 피고인은 약 30분간 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. The defendant;

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