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(영문) 인천지방법원 부천지원 2013.12.11 2013고정1880

교통사고처리특례법위반등

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Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

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 BL car.

On July 26, 2013, the Defendant driven the above vehicle while under the influence of alcohol at around 22:10 on July 26, 2013, and proceeded in the direction of the inter-modal distance from the side of the two villages in the direction of the Yongsan-dong-gu, Gotju-si, Gopo-si.

Since there is a center line of yellow-ray, a person engaged in driving service has a duty of care to thoroughly see the front-time and safely drive the car line.

Nevertheless, the front part of the victim C(the 47 years old, South) driving, which is proceeded in the opposite part due to the negligence of neglecting this, was received as the front part of the vehicle.

As a result, the Defendant suffered salt, tensions, etc. from the above victim due to the above occupational negligence for about two weeks.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to the measurement of drinking alcohol by inserting the breath of a drinking measuring instrument over about 20 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving while driving the said vehicle while driving the said vehicle under the influence of alcohol during the said temporary warning.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared C (Simplified traffic);

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1), the proviso of Article 3(2) and Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2(1)2 and Article 44 of the Road Traffic Act concerning criminal facts;