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 engaging in driving a vehicle B QM5.

On November 14, 2013, the Defendant driven the above vehicle around 23:10 on November 14, 2013, and got the front road of 370-2, Gangdong-gu Seoul Metropolitan Government, to proceed with the road at the hond bend and bend of the roadside in Gangdong-gu, Seoul.

Since it is an intersection where three-dimensional signal is installed, a person engaged in driving service has a duty of care to drive safely in accordance with good faith.

Nevertheless, the Defendant neglected this and received the back wheel part of the victim C(43 years old) driver's car running to cross-section from the left side of the right side of the traffic direction of the Defendant to the right side of the traffic signal with the cross-section in accordance with the new code.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. Around 00:07 on November 15, 2013, the Defendant was demanded to respond to the measurement of alcohol by inserting the breath in a breath alcohol measuring instrument from the above temporary point of time to 00:29 on the ground that there exist reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s smelling from the police officer E, in an inaccurate, long-distance, and breathing of snow at the traffic survey division of the Seoul Gangseo-gu Police Station.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Application of the actual condition survey report, traffic accident occurrence report, photograph of refusal to measure, report on detection of a drinking driver, circumstantial statement of a drinking driver, accident site and vehicle photograph, investigation report (with respect to refusal to measure drinking of a suspect), diagnosis report, and written estimate under Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting a crime;