A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in this case, the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

Punishment of the crime

On November 24, 2018, at around 17:05, the Defendant was required to comply with the drinking test by inserting a drinking measuring instrument over about 20 minutes, for the following reasons: (a) there is a reasonable ground to recognize that the Defendant was driven under the influence of alcohol, such as drinking, smelling, sniffing, smelling, and siffing red on the face of the Defendant, in the residence of the Defendant located in Cheongyangyang-gun, Chungcheongnamyang-gun, Chungcheongnam-gun, 112 reported to the effect that “the Defendant escaped after a traffic accident.”

Nevertheless, the Defendant did not comply with a police officer’s demand for a sobreath test by refusing to put respiratorys into a drinking measuring instrument without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The user ledger of the measuring instruments for drinking;

1. Application of CD-related Acts and subordinate statutes

1. Article 148-2(1)2 and Article 44(2) of the Road Traffic Act regarding criminal facts, the reason for sentencing of sentence of imprisonment with prison labor, the defendant had already been sentenced four times to a stay of execution of imprisonment with prison labor, which led to the crime of this case, even though he had been sentenced four times to a stay of execution of imprisonment.

In other words, since there is no room for the defendant to be sentenced to imprisonment, the sentence of imprisonment shall be imposed for a considerable period of time, and the defendant's age, character and conduct, environment, occupation, family relation records, and various sentencing conditions as shown in the trial process shall be comprehensively considered.

The acquittal portion

1. On November 24, 2018, the Defendant, at around 16:30 on November 24, 2018, driven a fwing-3 freight vehicle with a fwing-gun, Chungcheongnamyang-gun, leading the front of the Cheongyang-gun G road to a long-round plane protection from H bank.

A person engaged in driving of a motor vehicle shall well look at the front, rear, and left and right of the direction of the driving, and in particular, an accident is caused by taking account of whether there is a person or article in the direction of the driving.