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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving service of the BV vehicles owned by the Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;
On June 3, 2018, the Defendant driven the above vehicle while under the influence of alcohol 0.127 percent during blood transfusion around 19:20 on June 3, 2018, and proceeded in the direction of the road long distance from the direction of the ecological park along three-lanes in front of the D Hospital located in Gangdong-gu Seoul Metropolitan Government.
Since there is a large volume of traffic, in such cases, a person engaged in driving a motor vehicle has a duty of care to safely drive the steering gear by reducing the speed and properly manipulating the steering gear and the steering gear.
Nevertheless, due to the negligence of neglecting this, the Defendant was found to have been negligent in driving on the front part of the victim E (VG 53 years old) driving, which stops in the front line of the intersection due to the stop of the intersection, and received the back part of the FG 7 years old vehicle from the front part of the given NAS vehicle.
Accordingly, the Defendant suffered from the injury of the victim E, who was on board the damaged vehicle due to the above occupational negligence, such as the shoulder and the boom of the arms requiring approximately two weeks of medical treatment, and the chilled flaps and tension that require approximately two weeks of medical treatment to the victim G (V, 44 years of age) who was on board the said K7 vehicle.
2. The defendant is in violation of the Road Traffic Act (drinking driving). The defendant is under the influence of the defendant at the south of a temporary game specified in paragraph (1).
From the IC to the three-lanes in front of the D Hospital located in Gangdong-gu Seoul Metropolitan Government, the above BN driver's vehicle was under the influence of alcohol concentration of about 1 km in the section of approximately 0.127% in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement of E and G;
1. A traffic accident report;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes of each written diagnosis;
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 and Road Traffic Act concerning criminal facts.