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(영문) 춘천지방법원 2016.09.22 2016고단666
교통사고처리특례법위반등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

1. On June 11, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving the said vehicle under the influence of alcohol, and driving about about 3 km point 44m of national highways on both sides in the Gangwon-do Incheon-gun C, which led to the personal restraint from both sides.

In this case, the driver has neglected his duty of care to see the front bank and properly operate the steering gear, while neglecting the duty of care to do so, the part of the victim D(66)'s left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on-hand-hand-hand-hand-on-hand-hand-

As a result, the defendant suffered from the victim D from the victim F (68 years old, female) who is the passenger of the damaged vehicle, the victim F (68 years old, female) who is the victim of the fage that requires the victim's treatment for a period of six weeks.

2. A person who has driven a motor vehicle under the influence of alcohol by the defendant, such as, at the time and at the place mentioned in the preceding paragraph, smelling alcohol at the defendant's entrance and raising red spacing on the face;

There is a reasonable reason to designate a person, and for about 20 minutes from June 11, 2016 to 23:47, the police officer at the Personnel Police Station G police box at H requested three times to measure drinking, but failed to comply with the police officer’s request for the measurement of drinking alcohol without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I and D;

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

1. The ledger using the drinkator, and rejected photographs of measurement;

1. Statement of the circumstances of the driver involved in driving;

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

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

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