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(영문) 대구지방법원 2016.11.29 2016고단4451
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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. 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 rocketing or other car.

On July 11, 2016, the Defendant, while under the influence of alcohol at around 23:20, driven the said car, and proceeded with one lane in front of the Dawa Holdings in Daegu-gu, Daegu-gu, from the dong-gu to the west-ro.

It is a narrow road and a lot of vehicles that stop on the side of the road, so there was a duty of care to safely drive the steering person by accurately operating the steering gear and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding along the same direction, and the victim E(the age of 34) driver’s seat even in SM5 car stopped on the same direction side. The Defendant was placed in front of the right side of the said rocketing car.

After all, the Defendant suffered, by negligence, the injury to the victim E and the victim F, who is the passenger of the above SM, due to the above occupational negligence, for approximately two weeks of light oil, etc.

2. Violation of the Road Traffic Act (Refusal to measure a drinking level) was demanded by the Defendant to comply with a drinking test by inserting approximately 40 minutes of alcohol into a drinking-free measuring instrument three times from 23:35 to 0:15 on July 12, 2016 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as making a traffic accident as stated in the aforementioned paragraph (1) by causing the occurrence of a traffic accident as stated in the said paragraph (1) while driving a rocketing car with alcohol at the same time and at the same place, and making it possible to recognize that the Defendant was driving under the influence of alcohol, such as making a smell from the head of the police station belonging to the Daegu-dong Police Station G District, Daegu Police Station, which called at the site after receiving a report on 112.

Nevertheless, the Defendant, who returned to the above H, avoided it by means of refusal, and without good cause, voluntarily abstained from it.

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