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(영문) 전주지방법원 2016.07.05 2016고단366
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a DNA car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the risk).

On November 30, 2015, the Defendant: (a) was negligent in driving at the from the second apartment in which LH, which is an innovation of the Jungjin-gu in Jeonju-gu, Jeondong-gu, with a three-dimensional distance of 104 east 104 east, to the Jeonju blood center on the side of the second apartment in which he was in the front city, while driving to the Jeonju-gu, with a normal distance of 104 east, due to influence of drinking; (b) the Defendant was driving a victim E (45 e (5 ) who was making a normal left turn to the National Pension Service from the side of the Jeonju blood center, and then received the right part to the right part of the upper right part of the Defendant’s driving in front of the said car.

As a result, the Defendant caused the above occupational negligence, thereby causing the injury to the victim E by light salt and tensions that require approximately two weeks of medical treatment, and suffered the injury to the victim G (V, 12 years of age) who was on the franchis car, for about two weeks of medical treatment.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), Defendant 1 driven a motor vehicle under the influence of alcohol, such as the time and place set forth in the above paragraph (1) above, while driving a motor vehicle under the influence of drinking at the said a place, he was under the influence of alcohol by the Defendant from the police box belonging to the police box of the Jeon-Jon Police Station, Seoul, which was called to the scene by the accident, snife the Defendant, snife and snife the Defendant, snife and snife the walk, siffing

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. The defendant's person;

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