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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
The defendant is a person engaging in driving a Cbee or a car.
On August 22, 2013, at around 00:35, the Defendant driven the said car with a blood alcohol concentration of 0.150% and it is difficult to drive it normally due to the influence of alcohol, and led the Defendant to drive the said car with a three-lanes in front of the Meart in Busan East-gu, Busan.
At the time, there was an intersection in which signal lights were installed at night and at the front, so in such a case, the Defendant, who is engaged in driving a motor vehicle, had a duty of care to see the front left well and to operate the operation of the motor vehicle in a safe manner by accurately operating the operation and steering gear.
Nevertheless, the defendant was negligent in driving the vehicle while driving the vehicle at the front direction of the defendant's driving by negligence and received the back part of the victim D(53 years old) Ethz car in front of the defendant's driving.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. Accident site and vehicle photograph;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;