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(영문) 광주지방법원 2013.08.23 2013고단2519
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

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 vehicle that will be involved in B options.

On April 29, 2013, the Defendant driven the above car on April 20, 2013, and led the Defendant to drive the above car into a gold apartment room on the side of the lower middle school located in the Donsan-dong in Gwangju Mine-gu, according to the two-lane road.

At the time, there are nights, and the front door is an intersection where signal lights are installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by maintaining the safety distance with the front line and the front vehicle.

Nevertheless, the defendant is driving a alcoholic beverage with drinking.

The part behind the DK5 car driven by the victim C(the age of 23) who was waiting for the signal at the front of the defendant's vehicle was inferred into the front part of the passenger vehicle by the defendant, and due to the shock, the victim E(the age of 33) who was pushing the above K5 car and was living in the front of the vehicle, led to a chain of the following part of the FF-learning car driven by the victim E(the age of 33).

Ultimately, the Defendant suffered injury to the victim C and the victim E by occupational negligence, such as salt, tensions, etc. in need of approximately two weeks of treatment respectively.

2. 도로교통법위반(음주측정거부) 피고인은 제1항과 같은 일시경 위와 같이 교통사고를 야기하여 광주광산경찰서 G파출소 소속 경사 H로부터 피고인의 입에서 술냄새가 나고 얼굴에 홍조를 띄는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 인근 G파출소로 동행하여 같은 날 21:18경부터 21:38경까지 3차례에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구 받고도 정당한 사유 없이 입김을 불어넣는 시늉을 하는 방법으로 음주측정에 응하지 아니하였다.

Summary of Evidence

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