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(영문) 의정부지방법원 고양지원 2015.07.16 2014고단2549
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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. On June 30, 2014, at around 22:15, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) while driving a D E-cub car in a state of blood alcohol concentration and making the left-hand turn from the P-F restaurant in front of the F-E restaurant at the P-ridong to the P-ridong Hospital at the right-hand side of the P-ridong, the Defendant, while neglecting the duty of the P-ridong and the left-hand turn on one lane, caused by negligence in the course of performing his/her duties, caused the instant concrete wall on the right-hand right-hand right-hand right-hand side due to his/her negligence in the course of performing his/her duties, she shocked the said F-M restaurant car to the parking lot of the said F-M restaurant, and led the victim H, who was in his/her place, to the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer from the scopic scopic scopical scopty that requires approximately two weeks of medical treatment by occupational negligence as above.

2. On June 30, 2014, the Defendant did not comply with a police officer’s demand for the measurement of alcohol level without justifiable grounds, even though he/she received a demand for the measurement of alcohol level (e.g., in a police officer K and L for about 30 minutes for a police officer belonging to the said J district unit to receive the said police officer’s demand for the measurement of alcohol level (e.g., concealment of a smoking measuring instrument) on the grounds that the Defendant, at around 22:50 on June 30, 201, was found to have driven under the influence of drinking, such as the occurrence of a traffic accident as referred to in the preceding paragraph, smelling, and drinking, and the distance from raining.

Summary of Evidence

1. The defendant's partial statement (as to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents)

1. The statement of the witness K in the third trial record of this case;

1. The police statement of H;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Application of the Acts and subordinate statutes governing diagnostic certificates, on-site photographs, CCTV video CDs;

1. Refusal of the measurement of alcohol under Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the Road Traffic Act concerning criminal facts;

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