Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On November 9, 2016, the Defendant was sentenced to 10 months in Seoul Eastern District Court for the violation of the Road Traffic Act, and completed the execution of the sentence on May 24, 2017.
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving the Bnicusa car;
On May 10, 2019, the Defendant driven the above car at around 20:43, and straighted the six-lane road in front of Geumcheon-gu Seoul Metropolitan Government C along the three-lane direction of the city interest distance from the direction of the horse distance.
In such a case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol while being unable to drive a motor vehicle normally, but he/she was under the influence of alcohol, but the victim D (the age of 27) who was in the atmosphere of the same lane while driving the motor vehicle was under the influence of alcohol, was faced with the part of the motor vehicle in front of the motor vehicle in which the defendant is driving.
The Defendant had, by negligence, the driver D (the 27-year-old) and F (the 26-year-old age-old) of the said van, suffered from the injury to the salt and the tension in need of treatment for about two weeks.
2. Violation of the Road Traffic Act (Refusal of measurement) was demanded by the Defendant to respond to the measurement of alcohol in a manner of inserting four minutes in total for about 18 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as the Defendant’s blood color, snow, fluence, and the clisome distance from a slope G belonging to the Seoul Geumcheon Police Station, which was dispatched to the scene after receiving a report of 112 at the above time and place.
Nevertheless, the defendant alleged that he was not driving, and did not comply with a police officer's request for a drinking test without any justifiable reason.
Summary of Evidence
1. The defendant's legal statement; 1.1.