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The judgment below
Part on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) shall be reversed.
The facts charged of this case.
Reasons
1. The summary of the grounds of appeal (the factual error) cannot be deemed to have reached an extent that it is impossible or extremely difficult to respond to the breath measurement using the breath measuring instrument due to the injury caused by a traffic accident at the time of the breath measurement. However, the court below found that the Defendant was in a situation where it is extremely difficult to respond to the breath measurement due to the pain, etc. caused by the injury caused by the traffic accident, and found the Defendant not guilty of the violation of the Road Traffic Act (e.g., refusal of the breath measurement) and the violation of the Act on Special Cases concerning the Handling of Traffic Accidents under the breath on the breath measurement
2. Summary of the facts charged and the judgment of the court below
A. On August 24, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was obliged to exercise a duty of care to safely operate a steering school on the two-lane side of the two-lane road in the south-gu Incheon Metropolitan City, Nam-gu, Seoul, by driving a B Pool on August 24, 2018, and driving a two-lane side of the two-lane road in front of the C Apartment at D elementary school. The Defendant had a duty of care to safely operate the steering bank and the left and the left well, and the steering direction and brake system accurately. Nevertheless, the Defendant neglected the above duty of care and neglected the Defendant’s duty of care, and did not comply with the Defendant’s demand for a police officer’s alcohol test and the police officer’s demand.
A prosecutor shall, in violation of Article 44 (1) of the Road Traffic Act and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3 (2) proviso 8 of the Road Traffic Act.