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(영문) 대전지방법원 홍성지원 2019.09.04 2019고단321

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car with Bsch Rexroth, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 7, 2019, at around 16:25, the Defendant: (a) moved the three-distance ahead of “D” located in Chungcheongnam-nam Budget C from the direction of the E market to the end of the square.

In such cases, there was a duty of care to accurately operate the operation and steering gear for those engaged in driving service, observe the prescribed lanes, and prevent accidents by driving.

Nevertheless, the Defendant neglected to do so, and neglected to do so, brought the victim F (37 years of age) who was frightened from the center line to the front part of the upper part of the Gi30 car driven by the victim F (37 years of age) who was frighten from the front part of the upper part of the said Lone Star car.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, multiple scambling boxes, etc. which need to be treated for approximately two weeks to the victim F, and multiple scambing boxes, etc. which need to be treated for approximately two weeks to the victim H (V, 60 years of age) who is the passenger of the victimized vehicle.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to a drinking test by inserting a drinking measuring instrument three times from 16:49 to 16:57 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant caused a traffic accident while driving Bone Star car while drinking alcohol at the time and place specified in paragraph (1) and in the same manner, caused the Defendant to have been driven under the influence of alcohol, such as checking the Defendant’s drinking condition as a result of the measurement of drinking alcohol, smelling, drinking, and drinking at the face.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. The defendant;