A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The defendant is engaged in driving a rocketing car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 19, 2018, the Defendant driven the above car at around 15:06, and proceeded along four-lanes from the center of the water side of the Han field University at the fourth-lane 121, Seosung-gu, Daejeon Pak field.

At the time, since there was a parked vehicle at the front time, there was a duty of care to prevent accidents by maintaining the safety distance from the front vehicle to the person engaged in driving, and driving safely by checking well the front side.

Nevertheless, the Defendant neglected to do so and neglected to stop on the front section of the victim D (V, 52 years old) driving, which was parked on the front section of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. The defendant has driven a motor vehicle while under the influence of alcohol, such as drinking, drinking, and drinking at a drinking outlet at the time of drinking alcohol reduction, from the nearest F of the Daejeon UN Police Station, at around 15:30 on the same day.

There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking in a manner of inserting the whole breath for three times between about 10 minutes.

However, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes, such as a traffic accident fact-finding report, accident scene and vehicle photograph, photograph of refusing to measure drinking, and diagnostic certificate;

1. The relevant criminal facts, 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 (the occupation and negligence, the choice of imprisonment without prison labor), and Article 268 of the Criminal Act.