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(영문) 전주지방법원 2014.10.08 2014고단1229
도로교통법위반(사고후미조치)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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

1. Around 12:30 on June 23, 2014, the Defendant, while driving the said car under the influence of alcohol and driving the said car on the road of 80,000,000,000,000,0000 in the front east-gun, the Defendant, while under the influence of alcohol, failed to accurately operate the steering direction and operating operation devices at the seat of the school village, was unable to avoid the victim’s Erens car driving in the opposite direction. The Defendant, while under the influence of alcohol, did not avoid the victim’s Erens car driving in the opposite direction, was shocking the front part of the said Karens car, and escaped without immediately stopping the said car rental car, even though the said car was destroyed to KRW 660,193 by an exchange of front gates, etc., and did not take necessary measures.

2. There are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol prior to the occurrence of the instant accident, such as smelling out from G during the process of the operation of the Fath Police Station in charge of taking measures against traffic accidents and investigating after traffic accidents at the above date and at the above place, and taking the face red, etc., and accordingly, the Defendant did not comply with a police officer’s request for the measurement of drinking alcohol without justifiable grounds, even though he was requested to comply with a drinking test by inserting the breath for about 20 minutes from around 13:20 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A survey report on the actual condition of a traffic accident and a warning on the scene of an accident;

1. Photographs of 1,2 vehicles involved in an accident;

1. Written estimate;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to drinking sprinking, sprinking, photographing, investigation report (related Acts and subordinate statutes, such as injecting

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise level), Articles 148 and 54 (1) of the Road Traffic Act (the occupation of failure to take measures after accidents), and the choice of imprisonment with prison labor;

1. Article 37 of the Criminal Code among concurrent crimes.

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