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(영문) 서울서부지방법원 2013.04.02 2012고단2667

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 rocketing car.

On November 20, 2012, the Defendant, around 01:20, driven the road in front of 267-1, Mapo-gu Seoul, Mapo-gu, Seoul, at a non-speed speed, from the border of the Asia-do railway station to the ASEAN elementary school.

At the time, there is a night and a place where the center line of yellow-ray is installed, so a person engaged in driving service has a duty of care to safely operate the car line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the victim D(the age of 65) driving in the opposite direction by negligence going beyond the center line, and was charged with the front of the rocketing taxi for business purpose.

The Defendant caused the victim to suffer injury, such as fluoral salt, which requires treatment for about two weeks by negligence in the course of business as above.

2. On November 20, 2012, the Defendant: (a) around 04:30, the Defendant: (b) expressed a desire to go together to a police station to examine the circumstances of the accident at the site after receiving a traffic accident report on the front road of Mapo-gu Seoul Mapo-gu Seoul, Mapo-gu, 267-1; and (c) took her hand, f’s chest by walking the f’s left side knee, walking the knee and walking the f’s chest.

As a result, the Defendant interfered with the legitimate execution of duties concerning F's criminal investigations, which are police officials.

3. Violation of the Road Traffic Act (Refusal of measurement) on November 20, 2012, the Defendant has reasonable grounds to recognize that he/she was driven under the influence of alcohol, such as smelling at an office of the traffic accident investigation department of Mapo Police Station located in Mapo-gu Seoul, Mapo-gu, Seoul, and 618-1 on the face, etc., and in such a manner as to put the breath in the breathm for about 30 minutes from the slope G belonging to the above police station.