Text
1. The defendant shall be punished by imprisonment for eight months;
2.However, the execution of the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 24, 2014, the Defendant driven the above vehicle while under the influence of alcohol level 0.274% on June 24, 2014, and led to turn to the left from the right edge of Gwangju City at the center of Gyeonggi-gu.
Since there is a place where a sidewalk for pedestrian traffic is installed next to it, the driver has a duty of care to thoroughly perform the duty of front and right and right and right and right and the duty of care to refrain from infringing on the above report by accurately manipulating the steering direction and brakes.
Nevertheless, the Defendant did not accurately operate the steering direction and brakes in a situation where normal driving is difficult due to the above influence of drinking, and was negligent in the course of duty in driving the sidewalk, and the Defendant shocked the victim C’s bridge behind the right side of the said vehicle.
As a result, the Defendant suffered from the diversative senssis of the father, if he was aware of the number of days of treatment due to the occupational negligence above.
Summary of Evidence
1. Defendant's legal statement;
2. The police statement concerning C;
3. A traffic accident report (1) (2).
4. A written report from an employer;
5. Statement of the oral statement of the driver;
6. Application of Acts and subordinate statutes of each written diagnosis;
1. Selection of imprisonment with labor under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and selection of imprisonment with labor
2. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the case of concurrent crimes within the scope of adding up the long-term punishments of each crime stipulated in the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving), and the lower limit shall be applicable to the case of violation of the Road Traffic Act).
3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
4. Article 62 (1) of the Criminal Act;
5. Social service order under Article 62-2 of the Criminal Act;