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(영문) 수원지방법원 2015.07.22 2014고단5544
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On October 25, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for the obstruction of performance of official duties by the Incheon District Court, and completed the execution of the sentence on August 25, 2014.

【Criminal Facts】

1. On September 21, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act did not subscribe to liability insurance on September 21, 2014, and, as a matter of duty, C rocketing and other automobiles were driven by driving on the two-lanes in front of the wife population D at the permissible time.

In such cases, a person engaged in driving of a vehicle has a duty of care to prevent accidents by accurately manipulating the steering system, brakes, and other safety devices of the vehicle.

Nevertheless, the defendant neglected this and led to the front part of the F. F. F. F. F. F. F. F. F., which the victim E(the age of 39) is driving by the defendant.

As a result, the Defendant’s negligence in the above occupational negligence caused injury to the victim, such as light base salt, which requires treatment for about two weeks, and at the same time damaged the above low-speed car to be in excess of KRW 845,78,00, and did not comply with the drinking measurement as follows.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) provides the above traffic accident at the above time, at the above place, and there are reasonable grounds to suspect that the Defendant was driving under the influence of alcohol, such as smelling, smelling, and snicking, etc., he did not comply with the request for a drinking test without justifiable grounds even though he was required to take a drinking test for about 30 minutes by G from the police officer, who is a police officer belonging to the Gangwon-dong Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. The actual condition of traffic accidents;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Mandatory insurance policies;

1. A medical certificate;

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