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(영문) 의정부지방법원 2016.09.30 2016고단814

교통사고처리특례법위반등

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving an Eflor vehicle;

On January 10, 2016, the Defendant driven the above vehicle on January 13:24, 2016, and proceeded with the G private-owned road in the G private-owned F of Pyeongtaek-si on the side of the Do agency.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, as long as he neglected this, he was driving the central line in a normal manner on the opposite lane due to negligence.

H Driving received the full part of the front part of the Defendant’s driving vehicle from the I-Wed Driving.

Ultimately, the Defendant suffered injury to the victim J (75 tax) and the victim K (66 tax, female) who is the passenger of the damaged vehicle due to the foregoing occupational negligence, respectively, for approximately two weeks of treatment.

2. On January 10, 2015, the Defendant violated the Road Traffic Act (e.g., refusal to take a drinking test) driving a vehicle under the influence of drinking on the roads of G private stay in Pyeongtaek-gun, G, G, which is located in Pyeongtaek-gun F, and caused a traffic accident as above. As such, the Defendant was demanded from the M of the police box of the Eunpyeong-gu Police Station, who was dispatched after receiving a report of the occurrence of the traffic accident, to comply with the drinking test by inserting the vehicle into a drinking measuring instrument three times from 13:5 to 14:27 of the same day.

Nevertheless, the defendant refused the above request and failed to comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A H statement;

1. The circumstantial report of the driver employed at the main place;

1. The ledger using sobling measuring instruments;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1), the proviso to Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)2 and Article 44 of the Road Traffic Act concerning criminal facts.