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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On December 8, 2008, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving) at the Seo-gu District Court Branch Branch of the Daegu District Court, and on February 24, 2011, the Defendant was issued a summary order of KRW 3 million for the same crime, etc. at the Seoul Southern District Court.
[Criminal facts]
1. On January 10, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) operated BM5 vehicles on the surface of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the
At the time, the road was installed at the center of the yellow-line line, so there was a duty of care to keep the car line and operate the road on a person engaged in driving.
Nevertheless, the Defendant neglected to do so and caused the part on the left-hand side of the victim C(Y 46 years old) driving on the opposite lane due to the negligence that he operated beyond the central line while under the influence of alcohol with more than 0.05% of alcohol content in blood.
As a result, the Defendant suffered injury to the victim, such as brain salute which requires treatment for about three weeks.
2. The Defendant violated the Road Traffic Act (drinking driving) operated a section of approximately 3.5 KK m from the front of “SM5 vehicle in the parallel of alcohol 0.05% or more in alcohol during the day-to-day period as indicated in paragraph (1) to the road near the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel of the parallel.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. C’s statement;
1. A traffic accident report;
1. An explanatory note;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. A medical certificate;
1. Relevant photographs;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, and a report of investigation (Attachment to rulings on previous convictions of the same kind);
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;