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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving of CPoter II freight vehicles.
On November 30, 2016, the Defendant driven the above cargo while under the influence of alcohol content of 0.090% in blood around 14:05, and proceeded at a speed of about 40 km as soon as possible on the back-road side without the three-distance center line at the entrance of Gyeongnam-gun, Changnam-gun.
At the time, there is a U-styledro, the gradient of which is not less than 30 degrees, and the victim D(78) driver stops on the road in order to board people, so in such a case, a person engaged in driving business has a duty of care to prevent accidents in advance, such as safe driving, etc., by taking into account the traffic situation on the road.
Nevertheless, the defendant was found to have been negligent in driving so as to find it late, and he was also found to have been engaged in the chilling of the cargo vehicle in front of the freight vehicle.
Ultimately, the Defendant suffered from the above occupational negligence to the victim D with brain-dead treatment that requires approximately five weeks of treatment, to the victim E (the 65-year old-age), to whom approximately ten (10) weeks of treatment is required, and to the victim F (the 78-year-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-age-old-old-
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. A survey report on actual condition and on-site photographs;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, 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 the choice of imprisonment, respectively, with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order of community service order (the recommended sentencing period):