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(영문) 대전지방법원 2015.06.25 2015고단1399
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 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a CDap Motor Vehicle.

On March 8, 2015, the Defendant driven the said car on March 14:15, 2015, and continued to drive it in front of the territorial road located in the Ansan-dong of Daejeon Jung-gu, Daejeon, with the direction of the internal-to-To-To-To-To-To-To-To-face breath.

At the time, the Defendant followed the behind the E Car Karen car driven by the victim D (the age of 36), and in such a case, there was a duty of care to ensure the safe distance for those engaged in driving service, to ensure the well-being of the front line, to accurately operate the steering gear, and to safely operate the steering gear.

Nevertheless, the Defendant neglected this and received the rear part of the victim's car which was trying to stop while lowering the speed from the front side of the vehicle due to negligence of driving only in a drinking state.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (Refusal to measure a drinking level) was demanded by the Defendant to respond to a drinking test by inserting it into a drinking measuring instrument over about 30 minutes, 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, while driving the said multi-pact vehicle with drinking alcohol at the time and place specified in paragraph (1).

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

3. The person who takes over a motor vehicle registered in violation of the Motor Vehicle Management Act shall own the motor vehicle as prescribed by Presidential Decree;

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