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(영문) 춘천지방법원 강릉지원 2013.09.11 2013고단393
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On May 17, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) made a left-hand turn to enter the Chinese foreign language parking lot from the direction of the KBS broadcasting station on the 17 Roon-ro, Gangwon-si, by driving a Cpoter cargo vehicle, which is owned by the Defendant, while making it difficult for the Defendant to drive under normal conditions, such as fluening alcohol at a large amount of drinking in the face, fluening snow, booming in the face, gadinging in red and sliding.

In such cases, if there is a vehicle that is checked and proceeds from the front side and the left side, the vehicle has a duty of care to check the safety of the course after the passage of the vehicle and to turn to the left on the parking lot.

Nevertheless, it is found that the vehicle is driving on the front side by neglecting it.

The left-hand side portion of the victim D(38 years old) driving was shocked by the left-hand side of the driver's vehicle of the defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury, such as cutting down the left-hand body and cutting down the abandonment, which requires about 10 weeks medical treatment.

2. Violation of the Road Traffic Act (Refusal of the measurement) was demanded by the Defendant to respond to the measurement of drinking alcohol by inserting approximately twenty minutes of it into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, snicking, and snicking, etc. from the border G belonging to the F District Zone of the Gangnam Police Station due to the said traffic accident at the above time and at the above place.

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

Summary of Evidence

1. The defendant's legal statement 1.

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