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(영문) 광주지방법원 순천지원 2019.05.30 2019고단241
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is engaged in driving automobiles;

On December 12, 2018, the Defendant driven the said vehicle under the influence of alcohol on December 23:30, 2018, and led to the passage of the parking lot in front of the Magyang-si D Apartment-dong, Gyang-si, to E-dong, from the surface of the apartment at the entrance of the apartment.

No person engaged in driving service shall drive a motor vehicle while normal driving is difficult due to the influence of drinking.

At the time, the Defendant was in a difficult condition to drive normally due to the influence of drinking, such as smelling, hinginginging off the horses, singinginginging red on the stoke and face.

Nevertheless, under the influence of alcohol, the Defendant, while proceeding as it is while neglecting to do so, was working on the right side of the Defendant’s proceeding, and the Defendant extracted the left side of the Victim F (the age of 20) from the right side of the Defendant’s proceeding and received it in the right side of the passenger car.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle in a normal condition, thereby resulting in the Defendant’s loss of the left-hand shoulder, tension, etc., requiring medical treatment for about two weeks.

2. Violation of the Road Traffic Act (Refusal of measurement) was demanded by the Defendant to respond to a measurement of alcohol by inserting the breath in a breath of alcohol, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling from H around the G District at the Mineyang Police Station G District, which was dispatched after having paid the said traffic accident as stated in the above paragraph (1), and smelling from the H of the G District at the face of

Nevertheless, the defendant has been driving by proxy, "the problem of driving in apartment complex will be", and the defendant's intention to refuse to take a drinking test was clearly clarified and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. The defendant;

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