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(영문) 수원지방법원 2020.05.14 2019고단8440

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

Around 00:40 on December 8, 2019, while the Defendant driven the said car while under the influence of alcohol on the blood alcohol concentration, and went in violation of the signal to the distance of 412 original Tri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of the victim C and the victim E (the 28 years old) who is the passenger of the passenger car at the same time for two weeks, such as the light dump, tension, etc.

2. The Defendant was asked of a violation of the Road Traffic Act (Refusal of measurement) by a police officer G belonging to the Suwon-nam Police Station, which was called out after receiving a report of 112 relating to a traffic accident as referred to in paragraph (1) and having been called out.

At this time, the Defendant was required to respond to a drinking test by inserting the breath of alcohol, smelling, smelling, and driving while under the influence of alcohol, such as a remote distance, etc., on four occasions, on the grounds that there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as a remote distance.

Nevertheless, the Defendant did not comply with the request for a sobreath test of a police officer without justifiable grounds by explicitly refusing to take a sobreath test and refuse to comply with a sobreath test.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. A report on internal investigation (in the course of application of the suspicion of refusal to measure alcoholic beverages);