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A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a B-to-car.
1. Around 20:20 on February 17, 2019, the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of about 0.077% at the section of about 2 km up to the front road located in D in front of the Busan Shipping Daegu C market.
2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving a motor vehicle with the above string while drinking in front of the above E on the road in front of the above E road at a speed of about 50 km per hour depending on the speed of 3 km of speed from the front side of the tin bridge to the return road.
In such cases, a person engaged in driving service has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty
Nevertheless, the Defendant, while under the influence of alcohol, conflicts with the front part of the passenger vehicle driven by G bus driver F(55 years old), which was parked in order for passengers to board on the front side by negligence while driving the vehicle.
As a result, the Defendant suffered from the injury of the victim H (V, 59) who is a bus passenger due to the foregoing occupational negligence in approximately three weeks to the victim I(63 years of age), and the victim J (J, 60 years of age) for about two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of traffic accident of F;
1. The actual condition survey report;
1. The circumstantial statement of the employer-employed driver, and the written report of the employer-employed driver;
1. Each written diagnosis;
1. On-site photographs;
1. Application of Acts and subordinate statutes to report on investigation (record telephone statements by victims);
1. Relevant Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (a point of sound driving) concerning criminal facts, and Article 3 (1) of the Act on Special Cases concerning Handling of Traffic Accidents;