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(영문) 인천지방법원 2020.09.17 2019고단3523
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2019 Highest 3523"

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 car B K5 car;

On November 4, 2018, at around 05:30, the Defendant driven the said car while under the influence of alcohol and proceeded to turn to the left at about 30 km in the direction of the police box in the direction of the front of Seo-gu Incheon, Seo-gu, Seo-gu in the direction of the first height of the tin-nam-do.

At the time, since it was difficult to keep the surrounding areas at night, there was a duty of care to prevent accidents in advance by making a person engaged in driving service well look at the right and the right and the right and the right and the right, and accurately manipulating the steering gear and the system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D (year 52) who was under a stop on the same lane as the front driver of a motor vehicle driven by the Defendant due to negligence in neglecting the duty of the front driver, and failing to properly operate the brake system, and was driven by the victim D(year 52) following the vehicle of the maliba.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. Violation of the Road Traffic Act (Refusal of measurement) was demanded from 05:45 on the same day to respond to the drinking in a manner of inserting the breath of alcohol over 30 minutes from around 05:45 to 30 minutes on the same day on the grounds that there are reasonable grounds to recognize that the Defendant had driven under the influence of alcohol, such as the date, time, place, and 112 reported that the occurrence of a traffic accident, such as the foregoing paragraph (1) was occurred, and the Defendant was demanded to respond to the drinking in a manner of inserting the breath of alcohol from a policeman F of Incheon Western Police Station

Nevertheless, the defendant refused to comply with a police officer's request for a drinking test without any justifiable reason.

"2019 Highest 4677"

1. On June 26, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) from the roads front of the Bupyeong-gu Incheon Bupyeong-gu Office at around 168 and the Bupyeong-gu Office at around 19:05.

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