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(영문) 부산지방법원 동부지원 2014.10.01 2014고단1496

교통사고처리특례법위반등

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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 engaging in driving a vehicle B.

On July 2, 2014, at around 03:18, the Defendant driven the said car under the influence of drinking, and led to two-lanes of the two-lanes of the “Farlllung Starbun” restaurant in front of the “Farlungbun” restaurant in the front of the Busan, the vice-section in front of the Busan, the vice-section in front of the city 80km away from the front instructor distance.

At the time, since the driver was night and a studle length, in such a case, the driver did not neglect his duty of care to confirm and drive the course safety by complying with the prescribed speed and accurately operating the steering direction and the brakes by properly operating the steering direction and the steering system, and did not neglect it on the right side of the road, and the driver's car was set off against the defendant's car.

Ultimately, the Defendant suffered injury, such as brain salvy in need of approximately three weeks of medical treatment, to the victim C (the age of 39) who was on board the Defendant’s car with the foregoing occupational negligence.

2. On July 2, 2014, at around 04:30, the Defendant was required to comply with the drinking test by inserting the breath of alcohol in an emergency room of the E Hospital located in Busan, Daegu, for the following reasons: (a) on July 2, 2014, there were reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s snow breath from the Busan, Police Station Traffic Survey AssistantF, and the smoking and smelling of alcohol.

Nevertheless, the Defendant refused to comply with a police officer's demand for alcohol testing without justifiable grounds, such as refusing to put the whole in a drinking measuring instrument and refusing to measure blood collection.

Summary of Evidence

1. Defendant's legal statement;

1. Exemplary drivers;