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(영문) 의정부지방법원 2016.03.24 2015고단3909
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle with B low-typ.

On September 18, 2015, the Defendant driven the said car under the influence of alcohol concentration under the influence of alcohol concentration in blood around 06:25, and driven the two-lanes in front C at the Government of Gyeonggi-do, the front speed of the Government of Gyeonggi-do, along with the intersection from the view of the Government to the intersection of the mountain.

At the same time, the victim D(43) E-car was in the front of the same lane, and thus, in such a case, the driver engaged in driving of the vehicle has a duty of care to properly operate the operation of the system and steering gear and to ensure the safety by properly operating the system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it and received the back portion of the victim's car in front of the passenger car.

As a result, the Defendant suffered approximately two weeks of scarcitys and scarcitys distribution in need of approximately two weeks of medical treatment due to the above occupational negligence.

2. In relation to a traffic accident caused as above at the above time and at the above place, Defendant 1 driven a drinking, such as the Defendant’s snicking and unsnicking from G from a police officer G belonging to the police station of the Speaker of the Gu Government Police Station, who called out after receiving a 112 report.

There is a considerable reason to suspect so that it is demanded to respond to the drinking measurement three times in a manner that breath is not breath in a drinking measuring instrument.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement concerning D;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, reports on the statement of the circumstances of driving at home, reports on the detection of drivers at home, statements on the occurrence of traffic accidents, investigation reports (facts of refusing to measure drinking);

1. A medical certificate;

1. Application of the photographic Law 1.

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