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(영문) 광주지방법원 2013.05.24 2013고단1058
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[2013 Highest 1058]

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle C or another vehicle.

On February 9, 2013, the Defendant driven the said car at a speed of about 40 km per hour between the two-lanes, namely, the two-lanes from the area of the terminal distance to the south Scheon-do, Young-gu, Young-gu., the Defendant driven the said car at a speed of about 40 km per hour at a distance of 50 km from the area of the terminal distance to the southcheon-do.

At the time, since there was a defect in the front door of night, there was a duty of care to safely drive the vehicle by reducing speed and properly manipulating the front door door and the front door door, and accurately manipulating the steering and brake system.

Nevertheless, under the influence of alcohol, the defendant is under way due to negligence.

The victim E (the 63 years of age) who stops in two lanes ahead of the driving direction is not found and the driver's seat is closed by getting down from the d 1 ton cargo vehicle, and the part of the damaged cargo vehicle's driver's above is shocking the part of the driver's seat of the damaged cargo due to the first white part of the driver's vehicle, and the left launch of the victim in front continuously.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in the left-hand part requiring medical treatment for about two weeks due to the above occupational negligence.

2. Violation of the Road Traffic Act (Refusal to measure a drinking level) was demanded by the Defendant to respond to a drinking test by inserting approximately twenty-three minutes of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as making a traffic accident like paragraph (1) of the same Article, while driving a vehicle at the same time and at a place as specified in paragraph (1) of the same Article, and avoiding the questioning of the police officer, while drinking the vehicle by drinking the vehicle from a slope G belonging to the Yeongdeungpo Police Station.

Nevertheless, the defendant's error is not an accident, so why the defendant's drinking is measured.

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