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(영문) 대구지방법원 김천지원 2014.04.03 2013고단1697

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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. On October 27, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) committed a business of around 16:55, in order to obtain the right side part of the bicycle driving from the victim C (the age of 65) who driven a car of B Car with B car and driven a Karen car and neglected to perform the duty of emulging at the corner from the side of the BTY Gacheon-dong, which was located in the valley of Kimcheon-si, along the two-lane two-lane two-lane in front of the KTcheon-si, Kimcheon-si, and proceeds from the left right side of the said car rental car.

Ultimately, the Defendant suffered approximately two weeks from the above occupational negligence to the right side of the Defendant, which requires treatment.

2. Violation of the Road Traffic Act (Refusal of a drinking test) provided that at the time and place specified in the preceding paragraph, at the time of the occurrence of a traffic accident, the Defendant: (a) there are reasonable grounds to recognize that the Defendant was driving of a motor vehicle under the influence of alcohol with a large amount of odor and face with red, and reported the occurrence of a traffic accident; and (b) in accordance with the slope E belonging to the Kimcheon Police Station D Police Station that was called out after receiving the report of the occurrence of the traffic accident, the Defendant voluntarily carried the vehicle to a brea-dong, Kimcheon-si, Kimcheon-si, Kimcheon-si, and requested to take a drinking test three times in a brea-man method

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (1) 2 of the Road Traffic Act and Article 44 (2) of the Road Traffic Act (the occupation of refusing to measure a noise level and the choice of imprisonment);

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act shall be more severe;