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(영문) 광주지방법원 2013.06.28 2013고단1933
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 who is engaged in driving a car at C Coin.

At around 17:10 on April 17, 2013, the Defendant, while under the influence of alcohol in the blood alcohol concentration, was driving forward the front road of Gwangju Northern-dong 969-12 in the direction of the modern apartment from the direction of the meeting.

Since there is a motor vehicle parked in the alley length and the front door, the driver of the motor vehicle has a duty of care to accurately operate the steering wheel and brakes, and to prevent the accident by driving the motor vehicle in advance by making the steering wheel and the steering wheel well.

Nevertheless, the Defendant neglected to do so and was in the influence of alcohol and stopped at the front bank as above, the part of the back part of the victim D (the 42-year-old truck) Epoter II truck, which was driven under the influence of alcohol, was also the back part of the car.

Ultimately, the Defendant suffered injury to the victim on board the instant truck due to the foregoing occupational negligence, such as light spawn for about two weeks of treatment.

2. On April 17, 2013, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument for about 35 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a slope belonging to the G slope of the Gwangju Northern Police Station, and a slope H, while driving under the influence of alcohol in the state of under the influence of alcohol on the influence of blood alcohol concentration, as stated in the foregoing paragraph (1) of the same Article, from the roads of 969-12, Gwangju Northern-dong, Seogu, Seoul, Seoul, upon receiving a report from D, while driving in the state of under the influence of alcohol concentration.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without a justifiable reason, which means that “if there is no money to pay a fine, and if there is imprisonment, it will be refused to take a measurement.”

Summary of Evidence

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