"2019 Highest 133"

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by Dangerous Driving) is engaged in driving B-learning automobiles.

On November 8, 2018, the Defendant driven the said car while under the influence of alcohol at around 20:00, while driving it along the three-lane road in front of Yongsan-gu Seoul Metropolitan Government along the two-lanes in the direction of Dongjak-gu, Yongsan-gu, Seoul, along the shooting distance of Yongsan-gu, and changed the course into one-lane.

At the time, when intending to change the vehicle line at night and at the time, there was a duty of care to prevent accidents by changing the vehicle line by operating direction, etc., giving prior notice of change of course, and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected to drive a car in a state where it is difficult to drive the car normally due to the influence of drinking such as a string, blood color, etc. while walking along a horse partitioned by drinking, and due to the negligence of changing the vehicle in the same direction, and received the right side part of the victim D(36 years old) driving, which led to one lane in the same direction.

As a result, the Defendant suffered injury to the victim D, such as salt, tension, etc. in the shoulder boom, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking level) was demanded by the Defendant to respond to the measurement of drinking level by inserting it into a drinking measuring instrument three times between 20:50 and 21:05 of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling at the police box of the Yongsan Police Station at the scene after receiving a report of a traffic accident from the police box at the time and place specified in paragraph (1), and by inserting it into the face of the police box at the police box of the Yongsan Police Station belonging to

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.