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A defendant shall be punished by imprisonment for six 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. On April 29, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by death before the risk) driving a small-scale motor vehicle B while under the influence of alcohol concentration of 0.179% in blood, while driving a small-scale motor vehicle at the speed of 0.179% in blood, and driving a small-scale motor vehicle at the speed of the Saemaeul distance on the side of the lower lower-class roadway.
At the time, it was night, and the distance on the set side in the front of the car was in the condition of the vehicle stop signal, so in such a case, the driver of the vehicle had a duty of care to properly operate the brake system by properly operating it while living well on the front side.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and operated the brake system in a timely manner, and was driven by the victim C(51) who was waiting for the signal at the front of the Defendant’s vehicle due to occupational negligence and negligence that caused the Defendant’s failure to operate the brake system in a timely manner. The lower part of the DK5 taxi driven by the victim C(51) was the front part of the said small passenger vehicle.
Ultimately, the Defendant, while driving the said small-scale car in a situation where normal driving is difficult due to the influence of drinking, was inflicted on the victim E (the victim E (24) who was on board the said K5 si in need of a two-day medical treatment for about two weeks, resulting in the Defendant’s injury, such as salt, tension, etc. of the trend that requires a two-day medical treatment.
2. The Defendant violated the Road Traffic Act (drinking driving) driven B B in the state of alcohol alcohol alcohol content of about 0.179% from the 1.4km section from the date of the day specified in paragraph (1) to the west distance from the day before the fluence of the trade name in the area near the fluence of the Sungnam-si, Sungnam-si to the day of the fluence.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of C and E;
1. A traffic accident report;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Criminal facts;