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(영문) 수원지방법원 2016.03.17 2016고정125
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle B with low mother.

On November 8, 2015, the Defendant driven the above vehicle at around 19:10, while driving the above vehicle, which led to the head of Si/Gun/Gu, to go in the direction of the fluence distance from the head of Si/Gun/Gu.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure that a person engaged in driving a motor vehicle should thoroughly operate the motor vehicle in front and safely.

Nevertheless, the Defendant neglected this and went back to the center line in the direction of the driver line facing the center line, and caused the part on the left side of the victim C(26 Do) driver's driving at the right-hand turn at the right-hand part of the driver's vehicle of the Defendant, the left-hand part of the driver's vehicle of the Defendant.

As a result, the Defendant suffered from an injury to the victim by negligence in the above business, which requires approximately two weeks of treatment.

2. A defendant who violates the Traffic Act on the Road and drives a motor vehicle while under the influence of alcohol, such as drinking a motor vehicle accident as referred to in the preceding paragraph, drinking a motor vehicle and smelling a smell in the entrance;

On November 8, 2015, 19:52 around 19:52 on November 8, 2015, the Police Station E at the Southern Police Station, which was demanded to respond to the measurement of drinking by inserting approximately 40 minutes into the clibator F.

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 written statement of C and G;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Statement of the circumstances of the driver involved in driving;

1. Photographss related to accidents and photographs refusing to measure drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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