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(영문) 전주지방법원 정읍지원 2016.04.19 2016고단41

교통사고처리특례법위반등

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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

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 BL car.

On January 9, 2016, while under the influence of liquor around 19:00, the Defendant driven the said car and proceeded with a road prior to D Childcare Center C located in Chang-gun, Chang Chang-gun, North Korea at a speed that makes it impossible to identify the speed of the road due to the area from the area of the Chang-Eup to the area of the area of the city.

At the time, the center line of the yellow-line was installed at night and there was a place where the Defendant was installed, and the Defendant followed the city bus prior to the same direction at the time, so there was a duty of care to thoroughly operate the vehicle driving person by maintaining the front line and keeping the bus in a safe manner.

Nevertheless, in order for the Defendant to overtake a prior city bus by neglecting his duty under the influence of alcohol, the Defendant received the front part of the Franzed car in front of the left-hand part of the Franzed car driving by the Defendant, which was driven by the victim E (56 years old) who was in normal straight distance in the opposite vehicle due to the negligence of driving the central line.

As a result, the Defendant suffered approximately two weeks of medical treatment from the victim due to the above occupational negligence.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), while driving a motor vehicle of B Rasp while drinking the alcohol at the border on the day specified in paragraph (1), the Defendant driven the motor vehicle while under the influence of alcohol, such as drinking alcohol, smelling the Defendant from the slope H belonging to the Chang Police Station G District of the Changwon Police Station, making the motor vehicle in his/her face, making the motor vehicle in his/her face.

Due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting approximately 40 minutes in the place described in paragraph 1 and the emergency room of the J Hospital I located in Chang-gun I.

Nevertheless, the Defendant did not put in a drinking measuring instrument.