특정범죄가중처벌등에관한법률위반(위험운전치상)등
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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On January 20, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was negligent in the course of duties proceeding directly in violation of the vehicle red signal at the front side of the front side of the said cargo, while driving a wing and cargo vehicle B with the difficulty of normal driving due to influence of drinking, such as a light-distance and snow shocking, and driving on the road of the “D” located in Yeongdeungpo-gu Seoul Metropolitan Government along the two-lanes of the “D” in the front side of the front side of the vehicle in the front side of the said cargo, while driving on one-lane the road along the front side of the “D” in the front side of the road in the front side of the front side of the said cargo, and caused the victim E (49 years old) who dried the crosswalk to the left side of the front side of the Defendant’s vehicle in accordance with the pedestrian signals, thereby causing the victim to suffer an injury, such as a scarbing injury, etc. in needing treatment for about three weeks.
2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking, smelling, and breathing the Defendant from the chief G of the police box affiliated with the Seoul Young-gu Seoul Military Police Station F Police Station, who was called out after receiving a traffic accident report on the front of the D on the same day at around 17:50 on the same day;
Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.
Nevertheless, the defendant did not comply with the police officer's drinking measurement without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. The application of Acts and subordinate statutes to the statement of the circumstances of drivers in the main place, the report on actual condition, the closure of CCTV images for crime prevention, photographs, internal investigation reports (a police officer G statement), diagnosis reports, and investigation reports (a police officer's investigation into shots);
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the act of refusing to measure drinking), and each of the imprisonment options.