Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B-on cargo vehicles.

On July 18, 2014, the Defendant, while drinking alcohol around 23:50 on July 18, 2014, was proceeding on the road front of the “cultural laund site” No. 13, 527 e.g., Gangseo-si, Gangnam-si, with a speed that is difficult to know from the front side to the original agricultural bank.

At the time of the accident, in the operation of a densely-populated road with commercial buildings without a median line, a person engaged in driving service has a duty of care to thoroughly prevent traffic accidents due to the prior-time situation.

Nevertheless, while neglecting this, the victim C (the aged 51) was driven by the right side of the vehicle under temporary suspension after reporting the vehicle under normal conditions from the opposite part, and received the back part of the left side of the vehicle under temporary suspension after moving the vehicle under the right side.

Ultimately, the Defendant was required to respond to the alcohol testing by inserting the breath of at least 20 minutes in a breath of 20 minutes, inasmuch as there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling in the Defendant’s entrance from F of the Gangwon Police Station E District Guard, who was dispatched after receiving a report from the victim due to a traffic accident resulting from the above occupational negligence, and taking the breath of breath in the face.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of C’s written statement of occurrence of traffic accidents to statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.