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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On May 15, 2013, at around 14:34, the Defendant driven a blood alcohol concentration of 0.094% as a duty of driving BVM125 otoba, which was under the influence of the mandatory insurance, and proceed to the king of VITA private teaching institute in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, as the king kingcamba, the pedestrian signal of the crosswalk was red at the time, and the vehicle progress signal of the road that was driven from the king of Dongdaemun-gu, Dongdaemun-gu, to the king-do road. On the other hand, the pedestrian signal of the crosswalk was green. Even if crossing the crosswalk, the Defendant did not walk the road by using the crosswalk on the off-to-land, and even if he was negligent in driving it, the Defendant 36 years old-gu driving of the victim (the victim) who was under the influence of the vehicle due to the negligence across the crosswalk, while neglecting his duty of care to safely drive, and caused the victim (the victim 36 years old-gu driving) to the off.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. The circumstantial statement of the employee;
1. A medical certificate;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 48-2 (2) 3 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (the punishment shall be aggravated by concurrent crimes stipulated in the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with the largest punishment, but shall be punished by imprisonment);