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(영문) 대전지방법원 2020.01.15 2019고단2949
교통사고처리특례법위반(치상)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

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car to be involved in B options.

On July 12, 2019, the Defendant driven the said car while under the influence of alcohol on July 23:45, 2019, and proceeded with the fourth line road of the Seo-gu Daejeon Special Metropolitan City, Seo-gu, Acheon-dong Ancheon-gu, along the direction of Acheon-gu distance.

At all times, there are vehicles that are signaled on the front side, so a person engaged in driving of a motor vehicle bears the duty of care to prevent accidents by accurately manipulating the front door and accurately manipulating the brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding with the Defendant, and the victim C (the aged 22) who stops in the signal atmosphere at the front of the vehicle was able to drive the D Belgium, which was driven by the victim C (the aged 22).

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as “influoral salt and tension,” which requires approximately two weeks of treatment.

2. Violation of the Road Traffic Act (Refusal of the measurement) was demanded by the Defendant to respond to the measurement of alcohol by inserting three times or more for about 15 minutes, on the date and place specified in paragraph (1), and on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as drinking, smelling, drinking, snowing, and sprinking red on the face, etc., conducted by the superintendent F of the Busan Police Station E team of the Police Station called out to the scene by causing a traffic accident as described in paragraph (1).

Nevertheless, the Defendant refused to comply with a police officer’s demand for a drinking test without justifiable grounds by evading the measurement device by means of smugglinging the measuring instrument, acting as if the measuring instrument were to enter the measuring instrument or acting as if he were to enter the measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. The police of the defendant.

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