A defendant shall be punished by imprisonment for not less than eight months.

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

1. The Defendant is a person engaged in driving of BMW vehicle under the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 20, 2018, the Defendant driven the said vehicle under the influence of alcohol at the front of Seocheon-si C on October 15:30, 2018, and had the said vehicle go directly from the face of death to the face of light.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front side and right side well and operating the steering and brake system accurately.

Nevertheless, the Defendant neglected this due to occupational negligence, and was driven by the victim D (year 45) who was standing at the right edge of the vehicle at the Epoter vehicle, and received the part on the right side of the said vehicle.

Ultimately, the Defendant, by occupational negligence, caused the victim to suffer bodily injury, such as salt, tension, etc. of the trend that requires medical treatment for about two weeks, and did not comply with the police officer’s request for a alcohol test as prescribed in paragraph (2).

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) stated that “On the ground that there is a reasonable ground to recognize that the Defendant was driving under the influence of alcohol by means of inserting the whole breath in a drinking measuring instrument, such as a breath from a slope belonging to F District Group of the Busan District Police Station, which was dispatched after receiving a report at the same time and place as paragraph (1), the Defendant was demanded to comply with a drinking test by inserting the breath on the face of a drinking measuring instrument, but without refusing it, the Defendant stated that “after parking the above vehicle at the self-employed parking lot, the Defendant will immediately measure blood collection.”

However, the Defendant was not in a situation where it was impossible or extremely difficult to measure the pulmonary measuring instrument due to the reason such as physical or mental disorder at the time, and the Defendant did not request the measurement of blood collection from the beginning.

After that, the above GA is the defendant.