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(영문) 대구지방법원 2013.03.29 2012고합1425

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six 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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a CAR car.

On October 19, 2012, the Defendant driven the above vehicle at the speed of 22:20 on October 19, 2012, and led to the direction from the direction to the pressure of the reostal distance at the pressure of the cryp.

Since there is an intersection where signal lights are installed, a person engaged in driving duty has a duty of care to prevent accidents by driving safely according to the new code.

Nevertheless, the Defendant neglected this and caused the damage to the right side of the Ero-rayed vehicle operated by the victim D (year 52) who was proceeding from the right side to the right side of the pressure level due to the negligence in violation of the signal, to the front side of the Defendant’s driving.

Ultimately, the Defendant suffered from the above occupational negligence on the part of the victim D with injury to the right dog, knee, salt, etc. in need of treatment for about two weeks, injury to the victim F, who is the passenger of the damaged vehicle, such as clothes, geling, etc. in need of treatment for about three weeks, and injury to the victim G (the age of 65), including knee, kneeing, geling, etc. in need of treatment for about two weeks.

2. Violation of the Road Traffic Act (refluence of the noise measurement) provided that the Defendant was requested to take a drinking test on three occasions from 23:10 to 23:40 on the same day by the slope department affiliated with the Gansan Police Station I police box dispatched to the scene of the traffic accident, on the grounds that there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as the Defendant’s entrance, by moving to an emergency room at the Kansan City (H Hospital) after causing the traffic accident, such as the aforementioned temporary circumstances, and smelling the Defendant’s snick face at the entrance of the Defendant, such as a red and snick distance.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the traffic accident occurrence report, the circumstantial statement, and the main entry report;

1.Each.