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(영문) 의정부지방법원 고양지원 2013.04.17 2013고단299
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) is a person who is engaged in driving a B-

On February 18, 2013, at around 02:50, the Defendant driven the said car in a state where normal driving is difficult due to the influence of alcohol on the blood alcohol concentration on the part of the Defendant, while driving the said car, and driving through two-lanes in Seoul from the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the

At that time, the victim C (the age of 56) was driven by the signal-based victim C (the age of 56) and therefore, the driver had a duty of care to secure and stop the safety distance with the vehicle in front of the vehicle while living well in front of the vehicle.

Nevertheless, the Defendant neglected to stop driving on the front side of the vehicle while driving on the front side due to the foregoing driving on the front side of the vehicle and received the back part of the victim's taxi in the traffic signal in front of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

On February 18, 2013, when a traffic accident occurred at the above date, at the above place, the Defendant was demanded to comply with the measurement of alcohol by inserting the alcohol measuring instruments for 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 the police officer F of the police box affiliated with the E box in Goyang-gu E box in Goyang-gu, Goyang-gu, Mayang-gu, Mayang-gu, the Defendant was in compliance with the measurement of alcohol by inserting the measuring instruments into a breath for about 30 minutes.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하고 음주측정수치가 나타날 정도로 숨을 제대로 불어넣지 아니하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다....

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