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(영문) 의정부지방법원 2018.09.05 2018고단2095
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

1. On April 12, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter “Aggravated Punishment, etc.”) committed a four-lane road of four lanes in front of the 205-32 (State) Dabl-ro, two weeks in each week, by driving a EX car under the influence of normal driving of alcohol, such as snow snowing across a large width of 22:05,05, and red lighting on the inside of the walking, etc., while driving the EX car under the influence of normal driving of alcohol, the Defendant was under the influence of driving the car at the right side of the victim C (57 years of age) who was driving along the two lanes and the left side of the vehicle following the driver’s order.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as salt, tension, etc. by driving the car for about two weeks to the victim.

2. Violation of the Road Traffic Act (Refusal to measure drinking), Defendant 1 driven a motor vehicle at the above date and time, and at the above place, the motor vehicle accident was sent to an emergency room of the E hospital while driving the BE-ray motor vehicle, as described in the preceding paragraph, and was driven under the influence of alcohol by the Defendant, such as drinking alcohol and drinking on the face of the two-way police stations and redlight at the above emergency room at around 23:37 the same day.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The actual survey report and the traffic accident;

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