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(영문) 대전지방법원 2015.10.21 2015고단1722

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a CL car.

1. On May 10, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), driving the said car at a speed of about 80km per hour, depending on one lane towards Daejeon, from the front side of the entrance of the original tunnel, the road of three lanes in front of the entrance of the original tunnel to the front side of the front Eup of the measure-won.

In such cases, when the vehicle in front is stopped in the same direction, the driver has a duty of care to ensure the necessary distance to avoid the collision with the vehicle in front and prevent the accident.

그럼에도 불구하고 피고인은 이를 게을리 한 채 막연히 진행한 과실로 전방 도로공사로 인해 차량 정체되어 정지 중인 피해자 D(남, 62세) 운전의 E 뉴그랜저XG 승용차의 뒷부분을 위 라세티 승용차의 앞부분으로 들이받아 그 충격으로 뉴그랜저XG 승용차가 앞으로 튕겨져 나가면서 중앙분리대와 앞서 진행하던 피해자 F(남, 47세) 운전의 G 벤츠 E250 승용차의 왼쪽 부분을 들이받았다.

Ultimately, the Defendant, by such occupational negligence, did not comply with the Defendant’s demand for a drinking alcohol measurement in violation of Article 44(2) of the Road Traffic Act, even though the Defendant, as described in the foregoing paragraph (2), suffered from the victim I (Nam, 42 years old), on the part of the victim I (Nam, and 42 years old), a climatic salt, etc. requiring approximately three-day medical care for the victims of the said climatic salt that requires approximately two-day medical treatment to the victim D, the clif’s clif’s clif’s clif’s clif’s clif’s clif’s clif’s clif’s clif’s clif’s clif’

2. Violation of the Road Traffic Act (Refusal of measurement) provides the accused with a smelling and smelling spons from K during the police box of the Sejong Police Station who was dispatched to the scene after receiving a report of a traffic accident at the places specified in the above paragraph (1) of the same day at around 13:40 on the same day.