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(영문) 인천지방법원 부천지원 2017.07.13 2017고단1285
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The defendant is engaged in the business of driving a car by borrowing C in violation of the Special Act on the Settlement of Traffic Accidents.

On 22:30 around 23, 2017, the Defendant driven the above vehicle while under the influence of alcohol concentration in the blood alcohol concentration, and led the road front of Kimpo-si 1, 2 home plug in Kimpo-si, Kimpo-si, to the third tri-rith of the new site in the view of the entrance of the mouth of the readers, one lane between the two lanes and the US speed.

There is a road near the intersection with a large traffic volume. At the front direction of the defendant's proceeding, the first vehicle was stopped in waiting for the signal signal by the victim D(41). Therefore, the defendant engaged in driving of the motor vehicle had a duty of care to look at the front right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant’s negligence, which was driven by the Defendant due to the negligence of not being able to properly bread while under the influence of alcohol, led to the shock part of the front part of the said car driven by the Defendant, which was driven by the victim.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as salvinal salt, which requires approximately two weeks of treatment.

2. The Defendant was under the influence of alcohol, such as drinking in red and smelling in a breath state from the border of the Gyeonggi Kim Jong-dong Police Station, G, etc., called the Defendant’s face to the same place as at around 22:30 on April 23, 2017 at the same place as at the preceding port of at least 2:30 on April 23, 2017.

On April 23, 2017, when there are reasonable grounds to determine a person, he/she was requested to respond to the measurement of drinking in a manner that puts the breath of drinking, such as around 22:58, around 23:03, around 23:08, and around 23:08.

Nevertheless, the defendant did not put the breath of a drinking measuring instrument into it, and avoided it without justifiable grounds.

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