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(영문) 광주지방법원 2013.10.29 2013고단3640
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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle B.

On July 13, 2013, the Defendant driven the said car while under the influence of alcohol at around 05:10 on July 13, 2013, and got the front of the Gwangju bank located in Yangsan-dong, Gwangju, into one-lane one-lane one-lane from the Cheongam apartment.

When following another vehicle running in the same direction, every driver has a duty of care to secure and drive a necessary distance to avoid any collision with the vehicle running ahead of it, even if the latter stops suddenly, and to drive the vehicle safely by thoroughly keeping the vehicle running ahead of it.

However, under the influence of alcohol, the Defendant could not give a frontway properly while driving the above car while operating the steering direction and operation system in a situation where it is impossible for the Defendant to properly operate the steering direction and operation system, and found it late to find out that the victim C(the age of 42) driven by negligence that did not secure the safety distance while driving the above car, and operated it in the signal signal, but the part behind the victim's vehicle was behind the front part of the vehicle.

The Defendant suffered from an injury to the victim by negligence in the course of performing his/her duties, such as salt ties and tensions that require approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to a drinking test three times in the same day from Gwangju Northern Police Station E in the process of the traffic survey on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the location as stated in the above paragraph (1), smelling, gnating, ginging, and reding of faces.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Regarding C, F, and G:

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