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(영문) 서울동부지방법원 2015.10.16 2015고단2057

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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a CINI car.

On May 20, 2015, the Defendant driven the above car at around 01:05, while driving it along the same 20-lane in Gwangjin-gu Seoul Special Metropolitan City, along the two-lanes between the 117-lane and the 3-lane from the emulgal distance.

At the time, it is night, and since the E E-M-car driven by the victim D (the age of 30) was a traffic signal atmosphere, there was a duty of care to live the front door in the driver, and to accurately operate the brake system.

Nevertheless, the Defendant neglected to do so and negligently fabricated the speed pedal, thereby receiving the back part of the said LINI car as the front part of the said LINI car, and caused the said LINI car to be driven by the victim F (the age 46) who was stopped in front of the car due to its shock.

In the end, the Defendant suffered from the injury to the Da and F, which requires approximately two weeks of treatment due to the foregoing occupational negligence, such as crypum fumumumumumumum, etc.

2. 도로교통법위반(음주측정거부) 피고인은 2015. 5. 20. 01:37경 서울 광진구 광나루로 447에 있는 서울광진경찰서 교통조사계사무실에서, 위와 같이 교통사고를 일으켰을 당시 피고인에게서 술 냄새가 나는 등 술에 취한 상태에서 자동차를 운전하였다고 인정할 만한 상당한 이유가 있어 서울광진경찰서 소속 경찰관 H으로부터 음주측정을 요구받았음에도, 호흡측정기에 호흡을 불어넣는 시늉만 하거나 측정을 하지 않는 방법으로 같은 날 02:06경까지 3회에 걸쳐 정당한 사유 없이 경찰공무원의 음주측정에 응하지 아니하였다.

3. On May 20, 2015, the Defendant requested the Seoul Mine Police Station to comply with the alcohol alcohol measurement as described in paragraph (2) at around 01:47, and the police officer demanded the Defendant to comply with the alcohol alcohol measurement.