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(영문) 대전지방법원 2012.12.27 2012고합441
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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (unlicensed Driving) Defendant is a person who is engaged in driving a marina car;

On July 5, 2012, the Defendant driven the above vehicle without a driver's license on July 10:15, 2012, and driven the public parking lot front of the public parking lot located in Daejeon Dong-dong-dong-gu, Daejeon on a speed of about 30 km each hour from the discharge to the Samsung Ne-distance-si.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by safely driving with the view of the front side and the left side.

Nevertheless, the Defendant neglected this and did not see that the E-si driving by the victim D is waiting to turn to the left, and received the rear part of the above taxi as the front part of the Defendant’s car.

As a result, the defendant suffered injury to the above victim, such as brain-dead treatment for about two weeks.

2. On July 5, 2012, at around 10:40, the Defendant was requested to respond to a drinking test by inserting the breath of alcohol into a drinking measuring instrument for about one hour and thirty-five minutes, on the grounds that there are reasonable grounds to deem that the Defendant was under the influence of alcohol, such as drinking, smelling, and lying, on a part of a motor vehicle, from G from the process of the traffic survey department belonging to the Daejeon East-gu Police Station at the F Zone, Daejeon-gu Seoul Special Metropolitan City.

Nevertheless, the Defendant avoided so that he did not comply with a police officer’s request for a sobreath test by driving in person, and did not comply with it without justifiable grounds.

Summary of Evidence

【Article 1 of the Criminal Act】

1. Partial statement of the defendant;

1. Statement of D police statement;

1. A traffic accident report (1) (2);

1. Registers of driver's licenses;

1. 【Medical Examination (2)】

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the report on detection of a host driver and the circumstantial statement of a host driver.

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