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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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B tea car.
On October 31, 2013, the Defendant, at approximately 14:20 on October 31, 2013, was under the influence of alcohol, such as a small scam, face color, red, and the flow of a scam and scambing, the Defendant proceeded with the said vehicle at a scambly speed in the direction of the scam station in the direction of the substitute patrol box.
At the same time, the amount of D SP car driven by the victim C(28 years of age, leisure) entered the front of the said D SP car bypassing it according to the shooting distance. In such a case, there was a duty of care to ensure that a person engaged in driving service is well aware of the front line and accurately manipulates the steering gear, brake system, etc. of the vehicle to prevent the accident in advance.
Nevertheless, the Defendant neglected to do so and was able to keep the back of the vehicle's quantity of the sprink in front of the sprinking vehicle by negligence.
Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as the pipe and human salt of the wooden part requiring medical treatment for about two weeks.
2. Violation of the Road Traffic Act (refluence of the measurement) was refused to take a drinking test without justifiable grounds even though the Defendant was requested to take a drinking level three times at intervals of 15:05 to 20 minutes from the border of the said border zone, on the same day as paragraph (1) of this Article, because there was a situation under which the Defendant was suspected of being under the influence of alcohol, such as a certain range of rain distance, face color, red, singing, drinking and singinginging down, etc., as in paragraph (1) of this Article.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding C;
1. A traffic accident report;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;