특정범죄가중처벌등에관한법률위반(위험운전치상)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a Al Pa Pa-car.
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) was committed by the Defendant, while driving the said vehicle at around 18:30 on March 10, 2019, while driving the said vehicle, and driving the one-lane road in front of the Chungcheongnam-nam, YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYDDDDDDDDDDDDDDDD, due to the Defendant’s negligence in violation of his duty of care to see the front and rear side of the vehicle and to accurately operate the steering direction and operation devices under the influence of alcohol after a sudden stop.
As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from the injury of the victim, such as dypume, salt, tension, etc. by driving the car for about two weeks.
2. Violation of the Road Traffic Act (Refusal of Drinking Measures) caused an accident while driving the said vehicle under the influence of alcohol at the time, time, and place set forth in Paragraph (1) above, the Defendant rejected this request, such as: (a) the Defendant was required to comply with the drinking test by inserting the snow and face into a drinking measuring instrument twice at around 18:48 and around 18:54 on the same day on the grounds that there are reasonable grounds for recognizing that the Defendant was driving under the influence of alcohol such as red, etc., from H in the situation where the position of the Busan Police Station G District at the site was called “I will not take the drinking test”; (b) the Defendant stated “I will not take the drinking test” in the report on the situation of the driver at the bar.
As a result, the Defendant did not comply with a request for alcohol testing without justifiable reasons.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Notification of the results of the drinking control;