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(영문) 춘천지방법원 속초지원 2020.01.15 2019고단154
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a passenger car with B low-speed car;

On March 13, 2019, the defendant operated the above high-speed car at around 23:20, and led the national highways No. 6 7 of the Songyang-gun to the front distance of 8th group from the 3rd group of the Changyang-si.

At that time, there is a place where signal lights are installed, and there is a vehicle standing in front of the defendant at the time, so in such a case, there was a duty of care to prevent accidents in advance, such as making a person engaged in driving a motor vehicle well look at the front and maintaining the safety distance with the vehicle in front.

Nevertheless, due to negligence, the Defendant neglected this and proceeded as it was, the part of the victim C(39 years of age) driving, which was parked in the front signal route of the Defendant, as part of the front driver's vehicle in front of the Defendant's low-speed vehicle. The Defendant failed to comply with the police officer's request for a alcohol test as described in paragraph (2) below, without justifiable grounds.

As a result, the Defendant suffered injury, such as a scambling room (including a scamball scambling room) on both sides, which requires approximately three weeks of treatment by occupational negligence as above.

2. 도로교통법위반(음주측정거부) 피고인은 2019. 3. 13. 23:56경 제1항 기재 장소에서, 피고인의 입에서 술 냄새가 강하게 풍기고 얼굴에 홍조를 띠고 있으며, 혀가 꼬여 발음이 부정확한 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 속초경찰서 E지구대 소속 경위 F로부터 약 16분간 음주측정기에 입김을 불어넣는 방법으로 음주측정요구를 받았음에도, 피고인은 입김을 불어넣는 시늉을 하는 등의 방법으로 이를 회피하여 정당한 이유 없이 경찰공무원의 음주측정에 응하지 않았다.

Summary of Evidence

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