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(영문) 수원지방법원 2016.08.17 2016고단3359
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. To the extent that there is no substantial obstacle to the defendant's exercise of his/her right to defend against the Act on Special Cases concerning the Settlement of Traffic Accidents, this part of the facts charged

The defendant is also a person who is engaged in driving a C-car.

On May 29, 2016, the Defendant driven the above car around 04:00, and came to run at the point of 397.7km from the Gyeong-si-si-si (Seoul) to the point of 397.7km from the 4-lane in the direction of Busan, about 100km from the direction of Busan.

Since it is an expressway and night, there was a duty of care to secure the safety distance with the vehicle in front and drive the vehicle safely by checking the traffic situation of the front and rear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while neglecting the safety distance with the vehicle running in front of the vehicle running in front of the vehicle in front of the vehicle in front of the vehicle in front of the victim E (34 ) who was driving in front of the vehicle in front of the vehicle in front of the vehicle in front.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the species before the light that require approximately two weeks of medical treatment due to occupational negligence as above, and did not comply with a request for measurement of drinking in violation of Article 44(2) of the Road Traffic Act, as stated in Article 44(2) of the Road Traffic Act.

2. On May 29, 2016, the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking alcohol to the Defendant and sprinking on the face of the border area located in the G Gyeong-si-si from around 04:50 to around 05:32, in a quarterly safety zone at the vicinity of the border located in the G Gyeong-si of the Gyeonggi-do National Police Agency G Do, G Gyeong-gu, G Gyeong-gu, G Gyeong-gu, who called out after receiving the report of accident as referred to in paragraph (1), while driving the motor vehicle.

The measurement of drinking shall be conducted by inserting the whole breath of drinking in a measuring instrument over about 40 minutes due to reasonable grounds to determine a seal.

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