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(영문) 수원지방법원 2015.06.11 2015고단1218
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B LV car;

On February 26, 2015, the Defendant driven the said car under the influence of alcohol at around 22:50, while it is difficult to drive the car normally, and proceeded with one underground car in the 315-18-ro, e.g., the e., the e., the e., the e., the e., the e.

At this point, there was a duty of care to keep the central line from being invadedd due to the installation of the yellow-ray central line.

Nevertheless, the Defendant was faced with the driver's seat part of the ecoo vehicle in the top place in the ecoo vehicle in the ecoo vehicle which is in line with the negligence of driving the underground vehicle in the ecoo vehicle in line with the negligence of driving the underground ecoo vehicle.

The Defendant, by such occupational negligence, suffered salt, tensions, etc. from the victim D (year 41) who is a driver of the Ecoos car, in need of two weeks of treatment.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) has reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the date and time as stated in paragraph (1) of this Article, and the time and place of the accident reported and sent to the scene F of the Sungdong Police Station E District, and the questioning of the police officer belonging to the Gyeongdong Police Station E District G, and pedestrians' age was influence, and the face and eye was shocked, and the Defendant was required to take a drinking test by inserting the breathm influor G.

그럼에도 불구하고 피고인은 2015. 2. 26. 23:50경부터 약 30분간 3회에 걸쳐 음주측정기에 입김을 불어넣는 시늉만 하고 고개를 돌리는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. Measurement of office photographs and drinking alcohol at the time of measuring field photographs and drinking;

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