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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person driving BMW car.
On August 6, 2019, the Defendant driven the said car under the influence of alcohol level of 0.196% on blood alcohol level on August 23:43, 2019, and led the Olympic intersection road located in the Do-dong, Busan, Daegu, Busan, to proceed from the boundary of the Maritime Police Station to the mountain tunnel outflow.
At the time, since it is night and a long distance intersection, a driver of a motor vehicle has a duty of care to prevent accidents in advance by reducing speed and driving safely by safely examining the front side.
Nevertheless, the Defendant, despite the fact that the face is inaccurate with red and the walking is unstable, and it is difficult to drive a car normally due to the unstable walking, despite being unable to do so, the Defendant neglected the above duty of care and proceeded to turn to the left at the above private distance intersection, and continued to turn to the left in the same direction, and received the part behind the left part of the DK5 car of the victim C(28 years old) driving in the same direction, which was going to the right part of the Defendant’s vehicle.
Ultimately, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, suffered from the injury of the victim C and the victim E (the age of 25) who boarded the motor vehicle by driving the motor vehicle for about two weeks.
2. Violation of the Road Traffic Act (MM) driving a BM vehicle under the influence of alcohol level of about 0.196% at the section of about 3 km from the front of the “G” restaurant located in Busan Shipping Daegu to the underground parking lot of H apartment in the same Gu at the time and time as indicated in paragraph (1) of this Article.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. E statements;
1. A written statement on the occurrence of each traffic accident;
1. A report on detection of a host driver;
1. Each written diagnosis;
1. A traffic accident report (1) (2);
1. 1.1.1.1.1, such as vehicle booms images and vehicle damaged photographs.