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(영문) 대전지방법원 2014.04.11 2014고단457
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. Around 08:05 on December 15, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) driven a vehicle of CK5-laned CK5-laneed a three-lane road in the direction of the mountain police station located in the direction of the Han field, Han field-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, about 60km; (b) there was no signal apparatus and the bus platform, and (c) there was a duty of care to accurately operate the steering system and prevent the accident from spreading; (d) while neglecting the duty of care to prevent the accident, the Defendant did not comply with the victim D(45 years old)’s left part of the E-city driven in the bus platform and caused the victim to suffer from the injury of the bones’s bones, etc. requiring medical treatment for about two weeks, and did not comply with the demand of the police officer for drinking, etc. as follows.

2. Violation of the Road Traffic Act (Refusal of measurement) even though there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol in an emergency room of G Hospital located in Seo-gu, Daejeon, Daejeon at around 08:30 on the same day, such as smelling and faceing red, the Defendant did not comply with a police officer’s request for the measurement of alcohol without justifiable grounds, even though he was required to put the breath in the form of a drinking measuring instrument over about 76 minutes from the slopeH belonging to the transportation survey division of the Busan Police Station, or to comply with a request for the measurement of alcohol by collecting blood.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to medical certificates and report on the circumstantial statement of a host driver;

1. Relevant legal provisions concerning criminal facts, the proviso of Article 3(1) and (2), Article 268 of the Criminal Act, Article 44(2) of the Road Traffic Act, Article 148-2(1)2 of the Road Traffic Act, and Article 44(2) of the Road Traffic Act (the occupation of a person causing bodily injury by occupational negligence, the choice of a person without prison labor).

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