특정범죄가중처벌등에관한법률위반(위험운전치상)등
Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
1. Around 22:25 on August 21, 2017, the Defendant driving a ice car and proceeded with a three-lane road near 1965, which is located in the 1965, in the original city, according to the one-lane middle school room in the front city.
At night, at the time, the victim C(n, 44 years old) driving car was in the atmosphere for signal signal, and thus, the defendant, who was engaged in driving of a motor vehicle, had a duty of care to properly operate the brake system while living well at the front. However, the defendant was injured by occupational negligence due to the influence of alcohol that the defendant was unable to properly operate the brake system while it is difficult to drive the motor vehicle due to the influence of alcohol, by taking the part behind the motor vehicle in the front part of the defendant's vehicle, and suffered injury, such as salt, tension, etc. in need of treatment for about two weeks.
2. Violation of the Road Traffic Act (Refusal of measurement of drinking), even though the Defendant received a demand from F who is a public official of the police officer belonging to the Kunju Police Station E District Police Station, who was dispatched after receiving a traffic accident report at the above time and place, to respond to the measurement of drinking alcohol by inserting the breath for about 15 minutes on the face of smelling, and on the face of red lighting, etc., the Defendant did not comply with such demand.
Summary of Evidence
1. Statement by the defendant in court;
1. C and G statements;
1. A survey report on actual condition, a report on the occurrence of a traffic accident, a report on the circumstances of driving at home, a report on the circumstances of the driver at home, a report on the results of regulating drinking and a report on whether to drive any danger;
1. A medical certificate;
1. A criminal investigation report (one-time 30);
1. Application of Acts and subordinate statutes to field photographs related to drinking measurement;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 of the Road Traffic Act, Article 148-2 of the Road Traffic Act and Article 44(2) of the same Act concerning the crime, the selection of fines (the period of suspended execution)