도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On July 11, 2018, under the influence of alcohol level of 0.238% at around 10:5 on July 11, 2018, the Defendant driven a G-learning car at the parking lot for a corporation located in Gangseo-gu Busan Metropolitan Government B to the road above the road located in Busan Northern-gu, Busan Metropolitan Government.
2. The Defendant is a person engaging in driving a Glearning car.
On July 11, 2018, the Defendant driven the said car while under the influence of alcohol 0.238% of blood alcohol level around 10:55, and driven the said car along the two-lane road above the F agency, front of the E Agency, located in Busan Northern-gu, along the two-lane distance from the direction of Gangseo-gu Office to the Frick-distance.
The Defendant, under the influence of alcohol, found that the I Rab van driven by the victim H (the 52 years old, south) was stopped at the front of the Defendant’s vehicle due to occupational negligence, which neglected to drive in the front of the Defendant, and was in a sudden operation, but was not avoided, but was in the front part of the said car, and was in the front part of the said car.
Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered the victim’s injury of salt and tension, which requires treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of H’s traffic accident;
1. A traffic accident report;
1. Report on the statement of the situation of a drinking driver, investigation report, report on the status of a drinking driver, report on the status of a drinking driver (use of water), report on the status of a drinking driver, and inquiry into the results of the crackdown on drinking driving;
1. A medical certificate;
1. Application of Acts and subordinate statutes to an accident site photograph or a copy of accident image;
1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018) (amended by Act No. 15981, Dec. 18, 201); and Article 1.