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(영문) 춘천지방법원 강릉지원 2015.05.28 2015고단287
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 who is engaged in driving a B-L car.

On March 11, 2015, the Defendant, while under the influence of alcohol on March 14:45, 2015, had the front road go from the Southern to the river basin.

A person engaged in driving service has a duty of care to properly operate the front left left and right well, and he/she has a duty of care to operate safely by accurately operating the steering gear and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of a negligent negligence, while driving a victim C (year 41) who was under a stop for the internship in the U.S. section, and received a Done Star Corresponding vehicle.

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

2. On March 11, 2015, the Defendant violated the Road Traffic Act (e.g., refusal to take a drinking level), such as Paragraph 1, at an emergency hospital located in Gangseo-si, Gangnam-gu, Gangnam-gu, the Defendant was at the influence of alcohol after a traffic accident as prescribed by paragraph 1, and the Defendant voluntarily stated that he/she dices alcohol in an emergency hospital located in Gangseo-gu, Gangseo-gu, Yan-si, and that he/she dices alcohol. While under the influence of alcohol, the Defendant was required to comply with a drinking test in a manner that breaths breath in a drinking measuring instrument, he/she did not comply with a police officer’s legitimate request for a drinking level without justifiable grounds by means of self-g

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. A report on the state of the operation of a motor vehicle;

1. Investigation report (grounds for not measuring sound);

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

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment for Crimes, Article 268 of the Criminal Act (the occupation of occupational injury and the choice of imprisonment without prison labor) and Article 148-2(1)2 of the Road Traffic Act;

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