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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.
Reasons
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a vehicle B;
At around 23:00 on December 22, 2013, the Defendant: (a) driven the said car under the influence of alcohol to the extent that the walk is so big that it is difficult for the Defendant to properly see it without the axis of another person; (b) driven the said car under the influence of alcohol; and (c) driven the said car under the influence of alcohol to the direction of the airspace in the area of the Agrode of the city of Bupyeong-gu, Incheon.
At the time when the defendant was driven by the victim C(50 years of age) at the front of the defendant's vehicle, and in such a case, the driver of the motor vehicle was obliged to properly operate the brake while living well in the front of the vehicle.
Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to properly operate the brakes while neglecting this, and received the part of the victim's taxi behind the taxi in front of the car of the Defendant.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as climatic salt, which requires treatment for about two weeks.
2. Violation of the Road Traffic Act (Refusal to measure a drinking level) was demanded by the Defendant to respond to the measurement of a drinking level by inserting approximately 30 minutes from the slope E of the Incheon Bupyeong Police Station, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as causing a traffic accident as mentioned above while driving a B ice car with drinking alcohol at the same time and place as described in paragraph (1), smelling the Defendant, smelling the alcohol, and failing to keep the Defendant snickly, without the cultivation of another person.
Nevertheless, the defendant did not put the whole breath into a drinking-free measuring instrument and avoided it without justifiable grounds.