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(영문) 대구지방법원 2018.02.20 2017고단4748

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On June 9, 2016, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing business operations at the Daegu District Court, and completed the execution of the sentence at the Ansan Prison on April 10, 2017.

[Criminal facts]

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving service of a car with C non-Stop.

On July 18, 2017, around 08:10 on July 18, 2017, the Defendant driven the front road of the EELP charging station in Daegu Dong-gu, Daegu-gu, and driven the said vehicle at the five-lanes of the five-lanes among the five-lanes.

Since its location is a four-distance intersection where signal lights are installed, there was a duty of care to reduce speed and drive according to its signals.

Nevertheless, the defendant was drunk.

At a doubtful point, by negligence in violation of the signal, the part prior to the taxi driver's seat in front of the defendant's vehicle, which was moved to the left at the right-hand turn from the 100-ro to the arching side of the arche-ro from the 100-ro, the right-hand turn to the left-hand turn.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment by the foregoing negligence.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant driven a non-stop vehicle C while drinking alcohol at the time and place specified in paragraph (1), while driving a non-stop vehicle C, the Defendant driven the vehicle under the influence of alcohol, such as the Defendant’s speech and behavior divided from the slope I belonging to the H of the police station of the Daegu East-gu Dong Police Station, the walking condition of the vehicle is narrow, the face of which is red and stove, and the influence of drinking is reduced in drinking.

Since there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting four times the breath of alcohol measuring instruments over about 20 minutes.

Nevertheless, the Defendant did not comply with a request for the measurement of alcohol, and did not put the breath in the breath in the breath measuring instrument, and placed on the floor or breath on the floor.