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(영문) 의정부지방법원 고양지원 2020.02.18 2019고단3433
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On July 18, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on December 13, 2007; a fine of two million won for the same crime in the same court on December 13, 2007; two years for a suspended sentence of six months for the same crime in the same court on May 15, 2008; two years for a suspended sentence of six months for the same crime; and two years for a suspended sentence of eight months for the same crime in the same court on November 13, 2014; and two years for a suspended sentence of two years for the same crime at the Jung-gu District Court on January 20, 2017.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing car.

On September 26, 2019, around 10:54, the Defendant 14 degrees from the Jinju-si, Jinju-si, Jinju-si, to the intersection of Jinmiririririririririririririririririririririririririririririri,

In such a case, there was a duty of care to view front, rear, left, and right of the driver, and to prevent accidents by accurately manipulating the brake system.

Nevertheless, due to negligence of neglecting the duty of Jeonju and not operating the brake system accurately, the Defendant shocked the victim D(30 years of age) who was coming from the opposite side of the Defendant, to the right side of the said rocketing car.

As a result, the Defendant suffered from the above occupational negligence that requires approximately two weeks medical treatment to the victim, such as a shoulder and satisfy.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) is demanded by the Defendant to comply with the measurement of drinking alcohol by inserting three minutes a while under the influence of alcohol, such as the date and time as stated in paragraph (1), the date and time as stated in paragraph (1) of this Article, from F of the police box where the Defendant had taken a traffic accident at the place, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, drinking, and drinking at the face, etc., of the Defendant, without justifiable grounds.

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