beta
(영문) 대전지방법원 천안지원 2016.07.07 2016고단828

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CM520 vehicle (hereinafter “instant vehicle”).

1. On February 21, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act (unlicensed driving) was driving the instant vehicle without obtaining a driver’s license around 19:00 and driving the instant vehicle along two lanes in front of the E hotel located in Asan City D in the direction of the tourist hotel in the direction of the cridge food.

In the same direction as at the time, the driver of the motor vehicle was followed by the G Theme of the F Driving, and in such a case, the driver of the motor vehicle had a duty of care to secure and proceed with the safety distance that can be avoided when the motor vehicle in this case stops.

Nevertheless, the Defendant neglected to do so and was negligent in driving the vehicle in the vicinity of the situation and received the part of the back part of the instant vehicle driving by the Defendant, which stopped for the signal waiting due to the negligence of excessively driving the vehicle.

Ultimately, the Defendant suffered from the injury of the victim H (V, 53 years old) who was accompanied by the foregoing car in the above test due to the occupational negligence as above, for approximately two weeks of medical treatment.

2. Violation of the Traffic Act (Refusal of measurement of drinking), while driving a motor vehicle above SM520 motor vehicle while drinking alcohol at the time, place, as described in paragraph (1), caused a traffic accident as described in paragraph (1), and driving the motor vehicle under the influence of alcohol, such as drinking, smelling, snicking, snicking, snicking, etc., on the face of the defendant from the I DistrictJ belonging to the ASEAN Police Station, while driving the motor vehicle under the influence of alcohol.

As there are reasonable grounds to determine a person, it was demanded to respond to the measurement of alcohol by inserting four times in the form of drinking measuring instruments for about 30 minutes from around 19:35 of the same day to around 20:05.

Nevertheless, the defendant is a drinking measuring instrument.