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(영문) 수원지방법원평택지원 2020.12.01 2020고단1715

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On May 12, 2014, the Defendant was sentenced to imprisonment with prison labor for 6 months and one year of suspended execution for the violation of the Road Traffic Act at the Suwon District Court.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a motor vehicle B in accordance with the Special Act on the Settlement of Traffic Accidents.

On May 27, 2020, the Defendant driven the said car while under the influence of alcohol at around 22:10 on May 27, 2020, and led to the driving distance in front of the “Dlaundry” in Gyeonggi-si C, to the sturging plane from the E market room.

At the time, it was night and there was a blind distance where the signal is not installed, so there was a duty of care to safely drive a motor vehicle to prevent accidents in advance by checking whether or not there is a vehicle that is going to be checked well by reducing the speed in the vehicle driving service.

Nevertheless, under the influence of alcohol, the victim F (Nam, 45 years old) who was driving on the left-hand side from the right-hand side of the defendant's proceeding due to negligence while neglecting this, was driven by the defendant's driver's seat of the G Kakn car.

Ultimately, the Defendant caused the victim to suffer injury, such as a sugar with no wound, in which approximately two weeks of medical treatment is open, due to the above occupational negligence.

2. The defendant in violation of the Road Traffic Act (Refusal of measurement) is a clerical error in the indictment on May 27, 2020.

22:20 On the front of the 'Icam' on the way of the 'Icam' in Pyeongtaek-si, Gyeonggi-do Ha, while driving a 112 vehicle under the influence of alcohol, it is inaccurate that it occurred a traffic accident, such as paragraph 1, and it was sent after receiving a 112 report, and it is true that it was driven under the influence of alcohol, and there is a considerable reason to recognize that it was driven under the influence of alcohol, such as the snow being shocked, it will comply with the measurement of alcohol by inserting it into a drinking measuring instrument over about 30 minutes.