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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 two years from the date this judgment becomes final and conclusive.
Reasons
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 cars of sports cargo B.
On May 24, 2019, the Defendant driven the above vehicle while under the influence of alcohol on May 14:51, 2019, and proceeded at a speed of about 50 km from C to Pyeong-dong 52-3, the Masan reservoir prior to the Sinsan reservoir located in Pyeongtaek-si, Dong-dong.
When changing the vehicle line, there was a duty of care to give an advance notice of change of course by operating direction direction, etc., and to change the vehicle line with the situation of traffic before and after the change.
Nevertheless, the Defendant neglected to drive the vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking and changed the vehicle to the right-hand side by negligence, which was driven on the two-lanes of the victim D(36 years old) driving, followed by the left-hand side of the E-car of the victim D(36 years old), and received the part of the panion to the right-hand part of the above liquid sports cargo vehicle.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.
2. Violation of the Road Traffic Act (Refusal of measurement) was demanded by the Defendant to respond to the measurement of alcohol in such a way as to put the breath of alcohol into a breath of approximately 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, a breath of a breath of the Pyeongtaek-gu Police Station F, which called up after receiving the 11 report of traffic accident, while driving a liquid cargo while drinking alcohol at the time and place specified in paragraph (1) as stated in paragraph (1).
그럼에도 피고인은 음주측정기에 입김을 급하게 불어 넣거나 위 G에게 "씨끄럽다, 대한민국 이래서 좃같다, 내가 뒈지든 살든 내맘이지, 내가 징역갈게 안불어"라고 소리를 지르면서...