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의정부지방법원 고양지원 2015.01.30 2014고단2462
교통사고처리특례법위반등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a B-to-pur vehicle.

On October 5, 2014, the Defendant driven the said car at a speed of about 40 km per hour from the fluence to the eluence of Mariririririririririririririririririririririririririririririririririririririririririri.

Since the place is where the center line of yellow solid lines is installed, there was a duty of care for those engaged in driving service to safely operate the road according to the right side of the road.

Nevertheless, due to the negligence of driving a central line in the middle line, the front part of the victim D(50 years old) E in the opposite part, which was driven by the defendant, was driven by the front part of the car operated by the defendant.

Ultimately, the Defendant suffered damages to the victim’s reputation, which requires approximately three weeks of treatment, due to such occupational negligence.

2. On October 18, 2014, the Defendant was required to comply with the drinking test by inserting the breath in a drinking measuring instrument for approximately 30 minutes from the head of the Pakistan Police Station’s guard traffic and the border F to which he belongs, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking at a so-calledin hospital located in the Geum-dong, Geumju-dong, Pari-si, Pari-si, Pari-si, and the Defendant snicking on the face, etc., while under the influence of alcohol.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The fact of the crime is a violation of Article 3(1) and the proviso of Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(1)2 of the Road Traffic Act, Article 44(2) of the Road Traffic Act, and Article 3(2)2 of the Act on Special Cases concerning the Settlement of Traffic Accidents.

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