도로교통법위반(음주운전)등
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.
Punishment of the crime
1. The Defendant is a person engaged in driving a motor vehicle with BAW-turd motor vehicle;
On December 9, 2018, the Defendant driven the said car at around 23:50, and driven the two-lane road in front C in front of C, while under the influence of alcohol content 0.148%, the Defendant proceeded from the D Apartment to the Han Jae- Tunnels, at a speed of about 40km per hour, according to one-lane.
At this point, it is a lush road, and in the same direction, prior to the same direction, it was followed by the FMFW car driven by the victim E (30 years of age), and thus, the driver had a duty of care to ensure the safe distance that can be avoided in the event that the above car stops.
Nevertheless, the Defendant neglected to do so and was negligent in driving the car of the victim under the influence of alcohol and received the part of the victim's vehicle in front of the suspect's car after driving the car in front of the car.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.
2. The Defendant, at the time and place specified in Paragraph 1, driven a vehicle with a hurburged vehicle B while under the influence of alcohol by 0.148% in blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A traffic accident-related statement of E;
1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driving, and inquiry into the results of crackdown on drinking driving;
1. A medical certificate;
1. Application of the Acts and subordinate statutes governing the scene photographs of the accident and the video records of the damaged vehicle;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018); Articles 5-11 (a) and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of driving at risk), and choice of imprisonment for each sentence.