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(영문) 대구지방법원 김천지원 2017.04.18 2016고단1852
교통사고처리특례법위반(치상)등
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. The Defendant is a person who is engaged in driving a vehicle B K5 in light of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 18, 2016, the Defendant driven the said car under the influence of alcohol at around 07:30 on November 18, 2016, and continued to proceed to the export tower from the right edge of the Geum Pung Pyeong-gu, in front of the 296 U.S. P. Sim-si, as the Gu and Simsi.

Since there is a signal, and traffic control is carried out by signal, etc., there was a duty of care to reduce speed for those engaged in driving of motor vehicles, to live well on the right and the right of the vehicle, and to drive safely in accordance with signals.

Nevertheless, the Defendant neglected this and neglected to follow the direction signal while driving the signal from the old IC street to the export tower on the side of the old IC, and received the part of the victim C (48 Systal and the part of the fences of the front gate, which was driven by the victim C (48 Systal and the left side of the IC patrol vehicle, and the part of the front gate, which was driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence during the two-day period of medical treatment.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), while the Defendant drinking alcohol at the time and place specified in paragraph (1) and driven the said K5 vehicle, the Defendant driven the vehicle under the influence of alcohol, such as the foregoing traffic accident caused by the Defendant from the police box F for the police box of the old U.S. police station, snicking, smelling, snicking at the Defendant’s entrance, and a little string distance, etc.

There was a reason to determine a person, and it was demanded that the person comply with the alcohol measurement by inserting four minutes in a total of about 40 minutes.

Nevertheless, the defendant, however, has avoided drinking testing by a method that does not put the breath of a drinking measuring instrument into a breath, and without good cause.

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