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A defendant shall be punished by imprisonment for one year.
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.
Reasons
Punishment of the crime
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving the B-learning passenger car.
On March 5, 2017, the Defendant driven the said car while under the influence of alcohol at around 20:40, and moved the road in front of the D hotel located in Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, at a funch speed, to the active duty-free area from the 11-lane village to the 11-lane area.
Since there is a place where the center line of yellow solid lines is installed, the driver of the motor vehicle has a duty of care to thoroughly conduct the front line and to safely proceed with the car line.
Nevertheless, the Defendant, while neglecting the influence of alcohol, was at the discretion of the Defendant’s vehicle driving ahead of the victim E (28 years old) driving, who was parked in the opposite vehicle due to the negligence in driving the center line, and was at the discretion of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury to the victim, such as finite finites, which requires approximately two weeks of medical treatment, due to such occupational negligence.
2. Violation of the Road Traffic Act (Refusal of measurement of drinking), while driving a B-learning car with drinking at the date and time as stated in paragraph (1), and at the place, while driving it, the Defendant driven a motor vehicle while under the influence of alcohol, such as smelling alcohol to the Defendant, a police officer belonging to the Seo-gu Police Station G District in the Yellow-gu, Busan, and Habing him/her on face, etc.
Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.
그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident-related statement of E;
1. A traffic accident report, a report on the results of regulating drinking driving, and a ledger using a drinking measuring instrument;