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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. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant is a person engaged in driving of Category C rocketing and other automobiles.
On August 8, 2014, the Defendant driven the said car under the influence of alcohol of 0.149% on blood alcohol level on August 8, 2014, and led to the driving of the said car along the three-lanes in front of the monthly sexual harassment station located in the Triri-ri, at the time of the Gyeonggi-ri, along the two-lanes from the gold village to the grasan.
At the time, the defendant tried to change the two lanes from the two lanes to the one lane, so the person engaged in driving service has a duty of care to safely drive the vehicle by checking the left side well and checking whether there is a vehicle driving on the one lane.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in changing the vehicle line at a one-lane due to the negligence of changing the vehicle line, was driven by the victim D (the age of 54) who was driven by the victim D (the age of 54) to the right-hand part of the vehicle behind the Defendant’s driver’s vehicle, and suffered injury, such as culp salt dump, which requires approximately three weeks of treatment, and at the same time, damaged the above e-car to cover 12,567,940 won of repair cost, such as exchange of the preceding driver’s vehicle.
2. The Defendant, at the time and place of Paragraph 1, driven C rocketing car under the influence of alcohol with a blood alcohol concentration of 0.149%.
3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a rocketing car not covered by mandatory insurance at the date and place under Paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Mandatory insurance policy (26 pages of investigation records);
1. Medical certificates, receipts, and estimates;
1. Application of statutes on site photographs;
1. Article 3(1), the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 148-2(2) of the Road Traffic Act concerning criminal facts.