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(영문) 대구지방법원 2012.07.06 2012고합177
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Risk Driving) is a person engaging in driving freight cars.

On February 8, 2012, around 19:30, the Defendant proceeded at a speed of about 80 km from the parallel parallel to the parallel parallel by two lanes along that of the 4-lane in the Nowon-gu, Daegu-gu, Nowon-gu. Nowon-do.

At the time, the Defendant, under the influence of alcohol, was unable to walk because the snow booms, snow booms, snow booms, snow booms, and verbal abuse is difficult.

The Defendant, as above, was faced with the back part of the victim E (the 46-year-old driver) driver car which was stopped at the front of the vehicle while driving the vehicle in a difficult condition to drive the vehicle.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive normally, resulting in the injury to the victim, such as climatic salt, tensions, etc. requiring approximately two weeks of medical treatment.

B. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant at an emergency room in the Daegu-si G Hospital around February 8, 2012, at the Daegu-si G Hospital around 22:40.

There are reasonable grounds to recognize that a person is under the influence of alcohol as described in the port, and was demanded to respond to a drinking test by inserting five minutes in the manner of inserting a drinking measuring instrument over 30 minutes from a slope H belonging to the Daegu Northern Police Station Investigation Division of Traffic Accidents.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

2. On February 8, 2012, at around 15:00, the Defendant and his defense counsel asserted, and the Defendant divided the same kind of disease into two flags and two flags and two flags while having been engaged in the installation of machinery at a fish farm located in Gohap-gun I. On February 8, 2012, a traffic accident occurred at around 19:30 while driving a car at the seat of 17:30 and returning to a house in Daegu.

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