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(영문) 광주지방법원 2021.01.21 2020고단4386
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 14, 2016, the Defendant was issued a fine of KRW 3 million by the Gwangju District Court as a crime of violating the Road Traffic Act (dacting driving).

[Criminal facts]

1. Around 23:20 on July 21, 2020, the Defendant violated the Road Traffic Act (i.e., after-accidents), driving a Bchip car, and driving the D front road in Gwangju Mine-gu C, using three lanes in speed from the BB bank to the national bank private distance.

In such a case, although a person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering gear and brakes of the motor vehicle and to safely drive the front traffic situation and prevent accidents by driving the motor vehicle, the defendant, while neglecting this duty, conflicts with the part of the motor vehicle's front pent part of the damaged motor vehicle after the driver's seat of the damaged motor vehicle after the driver's seat of the damaged motor vehicle, which is driven by the victim F (57 tax) at the fourth-lane of the driving direction due to the negligence that is driven under the influence of alcohol, while neglecting it.

The Defendant left the site without taking necessary measures to damage the damaged vehicle to the extent of 159,600 won for repair due to such occupational negligence.

2. Violation of the Road Traffic Act (Refusal to measure drinking), Defendant 1 driven a motor vehicle under the influence of alcohol, such as smelling and smelling the Defendant from the International District Police Station of the Gwangju Mine Police Station, which was called out after receiving a report from the driver of the victimized vehicle in front of the H apartment house in Gwangju Mine-gu, and driving the motor vehicle under the influence of alcohol, such as making a smell and snicking on the face of the victimized vehicle.

have reasonable grounds to determine that there is a reasonable

In conclusion, even though it was demanded from 23:45 on the same day to respond to a request for the measurement of drinking by inserting the whole in a drinking measuring instrument three times on the following day from 23:13 on the same day, the police officer did not comply with a request for the measurement of drinking without justifiable grounds.

In this respect.

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