Text
1. The defendant shall be punished by imprisonment with prison labor for eight months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) was a person engaged in driving Mati Vehicle B while driving the said vehicle at around 05:50 on July 14, 2018, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.057% to the direction of moving from the front side of viewing on the front side of the wife population C at permissible time.
Although the Defendant had a duty to observe the conditions of the front and right-hand traffic, and accurately operate the steering and steering gear, the Defendant neglected to do so and neglected to perform his duty of care on the side of the road, thereby neglecting his duty of care to remove waste on the side of the road, and thereby, received the victim F (52 years old) from the front part of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as the left-hand alley, etc., which requires approximately eight weeks medical treatment.
2. Around 05:50 on July 14, 2018, the Defendant driven the vehicles described in the foregoing paragraph (1) above from the 5km section from July 14, 2018 to the 0.057% of blood alcohol concentration in the front of the restaurant near the Seocho-gu Seocho-gu Seocho-gu Seoul Metropolitan City Starting the original restaurant to the front of the wife population C at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. An accident site photograph;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of driving sound and the choice of imprisonment)
1. Of concurrent crimes, the former part of Article 37, and Articles 38(1)2 and (2) and 50 of the Criminal Act (the punishment shall be aggravated by concurrent crimes as provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment, and shall be punished by imprisonment with prison labor);