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 in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of B Costaex.

On March 2, 2013, the Defendant driven the above van on March 14:55, 2013, and proceeded with a road of one-lane in front of the Kanwon-gu film zone in Suwon-si, Suwon-si.

However, the defendant who is engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as not driving the motor vehicle while under the influence of alcohol, thoroughly driving the motor vehicle prior to the driving of the motor vehicle, and accurately operating the steering and brakes.

Nevertheless, the Defendant, while being under the influence of alcohol, was negligent in driving, and the victim C (the age of 29) who was under the suspension signal with the front part of the above van due to the negligence of driving the vehicle.

The Defendant suffered from an injury to the victim due to such occupational negligence during approximately two weeks of medical treatment.

2. On March 16, 2013, the Defendant violated the Road Traffic Act (Refusal of the measurement of drinking), at the office of a traffic accident investigation department of the Suwon-si Police Station in Suwon-si, Suwon-si, Seoul-si, the Defendant did not comply with a police officer’s request for a measurement of drinking without justifiable grounds, even though he was required for a measurement of drinking for about 30 minutes on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as salvating the slope belonging to the above Suwon-gu Police Station while undergoing an investigation into the traffic accident under paragraph (1) of the same Article, the Defendant was under the investigation into the traffic accident under the said paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. C’s statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3(1) and (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;