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(영문) 수원지방법원 2018.10.23 2018고단4612
교통사고처리특례법위반(치상)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around March 22, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving at BAW on March 22, 2018 and continued to run a film apartment on the face of a motion picture in front of the road located in C with the wife population at the permissible time.

Since the speed of restriction is 60 km per hour, a person engaged in driving of a motor vehicle has a duty of care to ensure safety of the course by complying with the speed of restriction and by checking well the right and the right and the right of the road, and to ensure the safety distance.

Nevertheless, the Defendant neglected this and led the victim E (the 50-year-old driver) to a part of the back ender of the victim E (the 50-year-old driver)'s vehicle in front of the Defendant's vehicle at a speed of about 90 km at the speed of about 90 km, and caused the Defendant to reevise the street trees on the right side of the road with the front part of the vehicle, with the shock of the said string driver's vehicle.

As a result, the Defendant caused the victim to suffer from the above occupational negligence for approximately two weeks of treatment, and did not comply with the demand for alcohol measurement as described in paragraph (2).

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant was driven under the influence of alcohol by the head of the police box belonging to the Gyeonggi-do Police Station G police station in Gyeonggi-do, which was called to handle a traffic accident at the same time and at the place as stated in paragraph (1), and under the influence of alcohol, such as the Defendant snnife, snife, snow, and snife by red at the drinking

Even though there is a reasonable reason to determine the person, the police officer did not comply with a request for a measurement of drinking without justifiable grounds, even though he/she was requested to respond to a measurement of drinking over about 35 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report, a photo of the scene of each accident, and a photograph of the accident vehicle;

1. Two motor vehicles booms images;

1. A comprehensive analysis of traffic accidents;

1.Report, refusal of measurement, and photographs;

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