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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who drives Csch Rex motor vehicle as a duty.
On February 23, 2018, the Defendant was under the influence of alcohol content of 0.083% among blood transfusions on 02:50 on February 23, 2018, and the Defendant driven the bitex car on the front side of Seocheon-si D and proceeded from Incheon to Seoul on the direction of Incheon.
Any person engaged in the business of driving a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and has the duty of care to prevent accidents by accurately manipulating the steering gear, brake system, etc. of the motor vehicle and safely driving it.
Nevertheless, under the influence of alcohol, the Defendant was driving by the victim E (32) who was under the influence of alcohol and was under the influence of the signal in the front signal atmosphere due to negligence.
FF U. S. Cuber's back part of the passenger vehicle is the front part of the F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. H. L. H. 32 E. F. F. F. F. H. H. H.,
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol, and suffered an injury to the victims of a traffic accident caused by such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of H and E;
1. On-site photographs of the accident, the survey report on the actual condition of traffic accidents, the notification of the results of crackdown on drinking driving, the report on the situation of the driver under driving and the report on the circumstances of the driver
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;
1. Articles 40 and 50 of the Criminal Act among the crimes of violation of each Act on Special Cases concerning the Settlement of Traffic Accidents;
1. On the crime of violating the Traffic Act on the selective road traffic.