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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
On September 7, 2015, the Defendant driven a non-registered 125 cm Orala, which was not covered by mandatory insurance, while under the influence of alcohol 0.133% during blood transfusion at around 10:30 on September 7, 2015, and led the Defendant to run from the direction of the Library of the Organization of the Republic of Korea, which made one-lane road in front of the current U.S. Middle School, Seoyang-gu, Busan Metropolitan City.
Since there is a place where the center line of yellow solid lines is installed, the driver of the motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to ensure the safe operation by observing the center line.
Nevertheless, the Defendant, by negligence, driven by the central line in order to overtake a bus parked on the front side, shocked the front part of the victim B( South, 70 years old) driving at the opposite lane with the front part of the Defendant’s Haystna taxi car.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation of the suspect of a police officer regarding D;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) and 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment (the point of causing occupational negligence, punishment without prison labor), Article 148-2 (2) 2 and Article 144 (1) of the Road Traffic Act (the point of drinking and the punishment by imprisonment);
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and (2), and Article 50 of the said Act (the lowest limit shall be applicable to a violation of the Road Traffic Act);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant, who had been in the past under the influence of drinking, was at a disadvantage of causing a traffic accident while driving under the influence of drinking while driving under the same time.
(b) other.