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A defendant shall be punished by imprisonment with prison labor for not more than ten 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving B-learning automobiles.
On May 13, 2019, the Defendant driven the said vehicle under the influence of alcohol at a speed of about 30km from E elementary school to F, while driving the said vehicle at a speed of about 30km from E elementary school.
In such cases, a person engaged in driving of a motor vehicle shall not drive the motor vehicle in a state of driving, and has a duty of care to drive the steering gear in a safe manner by accurately operating the steering gear by taking into account the traffic situation in the front.
Nevertheless, the Defendant neglected this and failed to properly operate the hand-on hand, and caused the part on the left-hand side of the passenger vehicle in front of the said vehicle, which was driven by the victim G(74 years old) who is waiting for the signal on the opposite lane, to the left-hand side of the said vehicle.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.
2. The Defendant violated the Road Traffic Act (driving) driving a B-learning car in the state of alcohol alcohol concentration of 0.101% from the 1km section to the road located in I in the same city, from the date and time border as stipulated in the above paragraph (1) of the same Article.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. A traffic accident report;
1. Notification of the results of the control of drinking driving (A), and a report on the state of drinking drivers' standing statement (A);
1. On-site photographs, estimates, and medical certificates;
1. Application of accident video CD-related statutes;
1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and injury caused by traffic accidents, the choice of imprisonment without prison labor), and Article 148-2(2)2 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018).