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(영문) 창원지방법원 2019.04.26 2019고단378

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing car.

At around 12:55 on January 17, 2019, the Defendant driven the said car and proceeded with a road of one lane in front of the Sungwon-gu, Sungwon-si, Sungwon-si, Sungwon-si, Sungnam-si, with the front side of the grain.

In this case, a driver engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door and the steering system of the motor vehicle and to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding as it was, and the Defendant was found to have been driving the victim D(the age of 65) who was standing in the signal atmosphere at the front of the Defendant’s driver’s car.

Ultimately, the Defendant suffered injury to the victim D and the victim F (the age of 62) who was on the part of the Defendant’s occupational negligence, respectively, for about two weeks of medical treatment, such as salt, tension, etc.

2. On January 17, 2019, the Defendant: (a) caused a traffic accident in the place indicated in paragraph (1) of the Road Traffic Act around 13:22; (b) under the same circumstance as indicated in paragraph (1) of the same Article; (c) and (d) there was reasonable ground to recognize that the Defendant was driving under the influence of alcohol, such as drinking and smelling on the face, by inserting the alcohol measuring instrument three times between 11 minutes and 11 minutes; and (b) accordingly, the Defendant was demanded to comply with the measurement of alcohol by inserting it into the alcohol measuring instrument.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. The court of the defendant;