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A defendant shall be punished by imprisonment with prison labor for four months.
except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The defendant who violates the Act on Special Cases concerning the Settlement of Traffic Accidents shall drive frequently or frequently freight cars;
On July 30, 2017, the Defendant driven the above cargo vehicle around 19:36, while proceeding one-lane road in front of Asan City in front of C in front of Asan City, from the scuk-distance slope to the hurriside, and at the time, the Defendant was under the stop for the left-hand turn at the front side of the driver's freight vehicle.
In such cases, the driver of a motor vehicle has a duty of care to operate the brake system so that he/she does not receive any vehicle in the front.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol while driving without neglecting such duty of care, and received the rear part of the Defendant’s driving freight.
In this accident, victims suffered injuries, such as the cutting of 1 cage cage cages other than approximately five weeks of medical treatment.
2. On July 19:50 on July 30, 2017, the Defendant was driving a vehicle under the influence of alcohol, such as: (a) the Defendant was under the influence of alcohol, (b) the influence of alcohol by drinking so as to avoid drinking; (c) the Defendant was under the influence of alcohol, and (d) the Defendant was under the influence of alcohol, such as being snicking and snicking
Even though there is a reasonable reason to designate a person, the police officer's request for the measurement of drinking alcohol has not been made without any justifiable reason, even though the police officer was requested by F to comply with the measurement of drinking alcohol by inserting about 20 minutes on four occasions from F to a police officer who was dispatched after receiving a traffic accident report.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual survey report and on-site photographs;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. Investigation report (the details of the crackdown on refusal of measurement), and photograph of refusal of measurement;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2(1) of the Road Traffic Act, concerning criminal facts.