A defendant shall be punished by imprisonment for six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car B lowest

On March 28, 2019, at around 00:40, the Defendant, while under the influence of alcohol 0.223% ( blood collection appraisal result, the application of the Badmark formula) of blood alcohol concentration, was driven by the Defendant, at the right angle from the direction of the E Association, one-way route in front of the DNA Seocho-gu Seoul Metropolitan Government, which is difficult to drive normally.

Since there is a place where traffic is frequent, all drivers have the duty of care to check and safely proceed in front of the moving direction and the safety of the right and the right.

Nevertheless, under the influence of alcohol, the Defendant suffered injury, such as brain-dead, etc. without two weeks of open medical treatment for the victim, who was under the influence of alcohol and stopped at the above location, by taking up approximately two weeks of medical treatment from the back side of the load loaded in G Drara Rara, the rear left side of the vehicle, etc. of the victim F (the age of 53) driving, and suffered injury to the victim.

2. 도로교통법위반(음주측정거부) 피고인은 2019. 3. 28. 00:45경 전항과 같은 장소에서 사고 신고를 받고 현장에 출동한 경찰관으로부터 술 냄새가 나고 보행 시 비틀거리며 얼굴에 홍조를 띠는 등 술에 취한상태에 있다고 인정할 만한 상당한 이유가 있어 음주측정에 응할 것을 요구받았음에도 같은 날 00:55 1차, 01:00 2차, 01:05 3차에 걸쳐 아무런 이유 없이 매번 음주측정기 불대를 입에 물고 부는 시늉만 하고 바람을 넣지 않는 방법으로 경찰관의 정당한 음주측정 요구를 거부하였다.

Summary of Evidence

1. Defendant's legal statement;

1. F's statement on the occurrence of traffic accidents;

1. Report on traffic accident (1), report on the occurrence of traffic accident, inquiry into the results of the crackdown on drinking driving, and circumstantial statement of a drinking driver;

1. Each investigation report (report on the circumstances of the driver concerned and the result of blood collection appraisal);

1. The written appraisal of blood alcohol;