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(영문) 수원지방법원 평택지원 2015.01.29 2014고단1940
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 engaging in driving a B-Adidi vehicle.

At around 17:20 on October 2, 2014, the Defendant driven a car with the upper east 17:20, leading directly to the middle o-distance intersection from the inside to the middle o-distance distance from the front of the Pyeongtaek-si building.

At the same time, there is an intersection where signal apparatus has been installed, so in such cases, the driver of the vehicle has a duty of care to safely drive the vehicle by reducing speed in preparation for the stop signal, keeping the right and the right and the right well in preparation for the stop signal.

Nevertheless, the Defendant neglected to do so and proceeded at the Defendant’s front section of the Eurthmom vehicle of the victim D(32 years old) who was in the atmosphere of the signal at the Defendant’s front section.

Ultimately, the Defendant suffered from the Defendant’s negligence in the above business to the victim D for about two weeks, such as scopic scopic scopic scopic scopic scopic scopics, etc., which require approximately two weeks’ medical treatment.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to the measurement of drinking alcohol by inserting approximately 30 minutes the breath of drinking, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as drinking and smelling the Defendant from the superintendent of the police station G police station at the above time and place after causing the above traffic accident, and she was demanded to comply with the measurement of drinking by inserting the breath of the breath of drinking meters over three minutes.

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 of traffic accidents;

1. On-site photographs;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Written statements of D;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Each relevant Article of the Act concerning criminal facts;

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