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(영문) 수원지방법원 성남지원 2018.01.11 2017고단3213

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On November 21, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a Cchip motor vehicle at around 20:45, and driving the Cchip motor vehicle at around 20:45, along the two lanes in the direction of the direction of the river basin in the direction of the Sinnam city, in the direction of the river basin, and changed the lanes into three lanes.

A person engaged in driving motor vehicles has a duty of care to inform the change of direction in advance by hand or direction when changing the vehicle line and to safely change the vehicle line.

Nevertheless, the Defendant neglected to pay attention to the change of the vehicle line under the influence of alcohol, which led to the change of the vehicle line to the right side of the vehicle that the Defendant drives by the victim E (61 tax) who was driving in the three-lanes of the said four-lanes.

As a result, the Defendant suffered injury to the victim, such as catum dynasium, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (Refusal of measurement of drinking), at the time, time, and place specified in paragraph (1) and driven under the influence of alcohol by the Defendant, such as a fluor, H and I, belonging to the G G belt of the Seongdong-nam Police Station G G belt in Seongbuk-nam Police Station, in which he/she received the said traffic accident and called out after having received the said report.

There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking in a manner of inserting the whole breath of drinking three times between about 30 minutes.

Nevertheless, the defendant did not put the whole in prison, and the defendant did not comply with the request for measurement of drinking by police officials without justifiable grounds by avoiding the measurement.

3. At the time and place specified in paragraph 1, the Defendant was arrested as a flagrant offender suspected of violating the Road Traffic Act (refluence of drinking), and was seated at the back seat of the patrol vehicle No. 33 of the Sungnam Police Station, Sungnam-nam, and was moving to the G zone of the Sungnam Police Station, and was seated at the seat of the above patrol vehicle (42 3).