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(영문) 인천지방법원 부천지원 2017.11.17 2017고단2181
도로교통법위반(음주측정거부)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 16, 2015, the Defendant was sentenced to a fine of KRW 1,00,000 to a fine of KRW 3,50,000,000 for a crime of violation of the Road Traffic Act at the Suwon Flag Flag, and a fine of KRW 3,50,000,000 for a crime of violation of the Road Traffic Act.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a motor vehicle in a D SP area.

On August 22, 2017, the Defendant driven the above car at around 04:00, and continued to go from the 21st century hospital to the bank of KB national bank in front of the 3 public parking lot in the 21st century.

At the time, the driver was at night, and since the length of a narrow sloping, there was a duty of care to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant, while neglecting this and destroying the repair cost equivalent to KRW 847,128, such as the exchange of the front driver’s vehicle owned by the victim E (41) that was parked in the direction of the Defendant’s proceeding due to negligence, and attempted to flee without taking any measures necessary to prevent the danger on the road and ensure smooth communication.

2. On August 22, 2017, the Defendant: (a) driven a vehicle under the influence of alcohol, such as smelling, rhythming, and rhyming, the Defendant, at the taxi stops in front of the 28 gresh Park Sin-si, Singu, Sinung-si, a 24:30 on August 22, 2017; (b) a taxi stop in front of the 28 greshing of Sin-si, an accident as described in paragraph (1); and (c) a 112 report was received; and (d) a h

There are reasonable grounds to recognize the same day from 04:43 to 04:58 on the same day, which was demanded to respond to the measurement of alcohol by inserting the whole in four times as a drinking measuring instrument, but it was refused to comply with the measurement of alcohol without justifiable grounds.

3. The defendant shall make entries in paragraph (1) in violation of the Road Traffic Act.

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