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(영문) 수원지방법원 2015.09.03 2015고단2149
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

[2015 Highest 2149] On April 19, 2015, the Defendant did not comply with a police officer’s demand for a drinking test without justifiable grounds, even though there are reasonable grounds to suspect that he/she was driving of a rocketing and other car under the influence of alcohol on the roads near the terminal3rd-dong in Suwon-si, Suwon-si, Suwon-si on April 19, 2015.

[2015 Highest 3281] The Defendant was sentenced to a fine of three million won on August 29, 2008 by the Ulsan District Court for a violation of the Road Traffic Act (driving). On May 20, 2015, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on May 20, 2015 and was sentenced to a fine of five million won or more.

The Defendant is a person who is engaged in driving a rocketing car.

On May 15, 2015, the Defendant, without obtaining a driver’s license on May 15, 2015, driven the said rocketing car with a blood alcohol content of 0.070%, and led the Defendant to drive the said rocketing car at the same time as the blood alcohol concentration of 0.070%, depending on the driving distance in front of Suwon-gu D.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure the necessary distance to avoid a collision with the previous one when the vehicle stops suddenly, and to prevent the accident in advance.

Nevertheless, the defendant neglected this and did not find out that the vehicle for the Kafa in front of it stop according to the stop signal, and tried to see the back part of the vehicle for the Kafa in front of the Kafa car.

Ultimately, the Defendant, without obtaining a driver’s license, drive the rocketing car under the influence of alcohol concentration of 0.070%, and due to such occupational negligence, the Defendant is on the climatic base that requires two-day medical treatment to the victim F (the 44 years of age) who is a driver of the car in the car in question.

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