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(영문) 제주지방법원 2015.04.22 2015고단261
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 6, 2015, the Defendant, while under the influence of alcohol around 03:20, driven a vehicle on the road before driving on the Jeju-si, and was in the operation of the vehicle directly from the south-si station to the transformation station gate.

At the night and at the front time, there was an intersection where signal lights are installed, so a person engaged in driving service has a duty of care to drive after checking the right and the right of the front and the right.

Nevertheless, while neglecting this, the Defendant, due to negligence in the influence of alcohol, she was able to see the back loaded part of the G vehicle of the victim F (ma, 55 years old) driving in the front of the vehicle in which the above Defendant was driving.

As a result, the Defendant suffered injury to the victim, such as climatic salt and tension, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. For the reasons stated in paragraph (1), the Defendant was required to comply with a drinking test by inserting the breath of alcohol into a drinking measuring instrument over about 30 minutes on the ground that there are reasonable grounds to recognize that the Defendant had driven under the influence of alcohol, such as a breathing, smelling, and dissipating, etc., in the H District Zone, and driving under the influence of alcohol.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement prepared by the F;

1. The actual condition survey report;

1. A copy of the usage register of drunks;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident photographs;

1. Relevant legal provisions concerning criminal facts, the proviso to Article 3 (1) and (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, and the selection of fines;

1. The Criminal Act among concurrent crimes.

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