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A defendant shall be punished by imprisonment for not less than eight months.
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.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as “Aggravated Punishment, etc.”) and the Road Traffic Act (after an accident).
On June 16, 2018, the Defendant driven the said car with a alcohol content of 0.196% 0.196% in blood around 07:36 on June 16, 2018, and continued to drive the said car along the three-lanes of the fourth line of the Do 4th line from the king MTV’s surface at Silung-si 1368, Silung-si, Silung-si.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering side and the steering system of the motor vehicle, and to prevent accidents.
Nevertheless, under the foregoing negligence, Defendant 1 got off the parts of the victim C(59) drive D's freight in the same lane prior to the same lane as that of the said vehicle due to negligence, and the said cargo was to receive the street trees on the right side of the road due to its shock.
Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and at the same time, escaped without taking necessary measures such as providing relief to the injured party by immediately stopping the vehicle while destroying approximately KRW 3,853,728 of the repair cost, and KRW 1,740,000 of the cost of restoring the street trees to their original state.
2. The Defendant violated the Road Traffic Act (drinking driving) driving the said rocketing car under the influence of alcohol content of approximately 0.196% from the 30km section of the blood alcohol content from the 30km section to the 8th class of the Gun of Singu, Sing-si, Sincheon-si, Seocheon-si, Seocheon-si, Seoul Special Metropolitan City.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement protocol against C and E. 1.