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(영문) 대구지방법원서부지원 2020.12.11 2020고단1486
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On November 10, 2017, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the Daegu District Court.

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle BM6 vehicle.

On March 07, 2020, the Defendant driven the said car on March 03:21, 2020, while driving the said car and driving the five-lane road in front of the D, in Daegu Seo-gu, along the two-lanes of the two-lane road from the opposite direction to the opposite direction of the road.

At the time of the defendant's running direction, the 5 tons of 25 tons of the victim E (math, 57 years old) driver's freight cars were in the signal atmosphere, so in such a case, the driver of the vehicle had a duty of care to take the front-way situation into account the driver of the vehicle well, and to operate the brake in a safe way by accurately operating the brake.

Nevertheless, the Defendant, while driving the said car, neglected to do so, went to the right side of the said car as the front part of the said car by negligence.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim, such as salt and tension, which requires approximately two weeks of medical treatment, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

2. Violation of the Road Traffic Act (Refusal of a drinking test) was requested for a drinking test on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as the Defendant’s speech and behavior divided by a slope H belonging to the G District of the Daegu Western Police Station G District, Daegu Police Station, which was dispatched after receiving a traffic accident report at the time and place specified in the above paragraph (1) of the same Article, and the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The police officer’s written statement E of the defendant’s statement is the scene of the accident;

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