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(영문) 대전지방법원 2018.08.23 2018고정555

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On February 28, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven by a vehicle under the influence of drinking B while drinking at around 20:50, and led the road in front of a cultural main apartment complex located in the Daejeon Middle-gu Culturaldong from the middle-gu public health center to the nearest distance from the middle-gu public health center at a speed of about 20 to 30km each other.

At the time, there is a night and a place where the center line of the yellow-line is installed. In such a case, the defendant engaged in driving of the vehicle has a duty of care to prevent the accident from occurring due to accurately operating the steering gear and operating the steering system, ensuring the safety of the course by checking well the front and the surrounding areas.

Nevertheless, the Defendant neglected to do so and frightened the center line and frightened along the center line, and frightened with the left side of the Defendant’s vehicle driven by the victim C (38 S) who frightened along the center line.

As a result, the Defendant suffered multiple ties in need of treatment for about 20 days from the above occupational negligence.

2. The Defendant, in violation of the Road Traffic Act, was driving a motor vehicle, etc. under the influence of alcohol, etc. at the same time and at the same place as mentioned in the preceding paragraph, and after the occurrence of the traffic accident, while drinking from the circumstances of the D Team of the Daejeon District Police Station E, snicking and photographing the Defendant at the Defendant’s entrance.

A police official did not comply with a drinking test without justifiable grounds, when he/she received a request to comply with a drinking test due to reasonable grounds to determine a person, but failed to comply with a drinking test of a police official on four occasions, such as around 21:33, around 21:36, around 21:40, and around 21:45 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a photograph refusing to measure drinking, a statement on the circumstances of the driver of the relevant driving and a medical certificate;

1. Application of the law of the police statement protocol to C