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(영문) 대전지방법원 서산지원 2014.04.11 2013고단962
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 is a person who is engaged in driving a B-type truck in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act;

On October 16, 2013, the Defendant, without obtaining a driver's license at around 01:30 on October 16, 2013, driven the above cargo vehicle on the front of the old terminal distance in Taean-gun, Taean-gun, Taean-gun, Taean-gun, Chungcheongnam-do, and proceeded to the traffic plaza on the side of the

At the time, there was a victim C(42 years of age) at the right direction of the defendant, so in such a case, there was a duty of care to safely drive the vehicle by reducing speed and examining the direction of the victim's proceeding.

Nevertheless, the defendant neglected this and got the victim to take part of the victim's body in front of the right side of the cargo vehicle due to negligence of the defendant.

The Defendant suffered injury to the victim through occupational negligence as above, such as the right-hand satis, which requires approximately four weeks of treatment.

2. Violation of the Road Traffic Act (Refusal of a drinking test) was demanded by the Defendant to respond to a drinking test by inserting approximately 40 minutes a drinking measuring instrument into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and sprinking on face, at the E-district of the Yongsan-gun Police Station located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do immediately after the occurrence of a traffic accident as above, at the time and place specified in paragraph (1).

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

1. Registers of driver's licenses;

1. The actual condition survey report;

1. A traffic accident;

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