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(영문) 광주지방법원 2018.04.12 2017고단5018
교통사고처리특례법위반(치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:05 on October 23, 2017, the Defendant: (a) driven a BMW car and went to the left-hand in accordance with the new subparagraph on the part of the victim C (47 years, in female) (hereinafter referred to as “BM car”) who violated the duty of care in advance to prevent traffic accidents, by driving the BM car, and driving it in front of the 183 U.S. apartment street in front of the 183 U.S. apartment plaza in Gwangju Seo-gu, Seo-gu, and driving it in front of the 183 U.S. apartment.; (b) At night and at that time, a private street crossing where a signal is installed, at that time, is a private street crossing where the signal is installed, thereby complying with the signal, keeping the front and rear left, keeping the steering right, and accurately manipulating the steering and brake system accurately, thereby causing the victim’s joint wall for treatment during the day.

2. On October 23, 2017, a police officer belonging to the Gwangju Western Police Station that was dispatched after receiving a report on the occurrence of a traffic accident as stated in paragraph (1) of the refusal to take a drinking test demanded the Defendant to comply with the drinking test by inserting the face into the drinking measuring instrument on the ground that “the face of the Defendant is red and smelled” during three times from around 21:30 to 21:47, Oct. 23, 2017, but the Defendant avoided the drinking test by means of exposing the body if the police officer presented a drinking measuring instrument.

In this regard, the Defendant driven a motor vehicle while under the influence of alcohol.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. A copy of a medical certificate;

1. Application of CD-related Acts and subordinate statutes

1. Criminal facts;

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