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(영문) 전주지방법원 2019.01.08 2018고단1780
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving with Burle Patom car.

On July 28, 2018, the Defendant driven the said vehicle while under the influence of alcohol at around 23:18, while driving the said vehicle, led to the following: (a) the distance near the D affairs of the Gu located in the Yansan-gu Seoul Special Metropolitan City, to proceed from the direction of the E Institute to the left-hand left-hand turn of the fourth-lane.

Since the place is a road where the center line of yellow-ray is installed, a driver of a motor vehicle has a duty of care to protect the vehicle line well and to prevent accidents by properly manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the Gi30 vehicle driven by the Victim F.(39 years of age) who was standing in the signal atmosphere on the part adjacent to the Defendant’s vehicle due to the negligence of neglecting this, and was in front of the Defendant’s vehicle.

As a result, the Defendant suffered, by negligence, the injury to the Rain salt, etc. in need of approximately two weeks of medical treatment from the victim H (the second-year old age), who was on board the said F and the victim’s vehicle.

2. On July 28, 2018, at around 23:30 on July 28, 2018, the Defendant was required to comply with the alcohol testing by inserting the whole breath to the drinking measuring instrument three times from around 23:33 to 23:53 of the same day, there were reasonable grounds to believe that the Defendant was driven under the influence of alcohol in an inaccurate, unsacrifed, and redly redly in the vicinity of the place where the instant accident occurred.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident and a photograph on the scene of an accident;

1. Measurement non-compliance photographs 1.

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