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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
1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving Bsch Rexroth vehicles.
On June 8, 2014, at around 04:00, the Defendant was under the influence of alcohol with 0.112% of blood alcohol concentration 0.12%, and the Defendant opened three-lanes from the side of the luminous distance to the luminous distance and proceeded at an insular speed along the two-lanes.
At this point, there is a road signal light and pedestrian crosswalk, and there was a duty of care to safely drive the driver in accordance with the front line.
Nevertheless, under the influence of alcohol, the part of the right-hand bridge of the victim E (the age of 41) crossing the crosswalk from the left-hand side to the right-hand side of the above vehicle was received as the top-hand part of the vehicle driving by the defendant, due to negligence, disregarding and proceeding the vehicle signal while being red.
As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in the part of a detailed unknown brut which requires treatment for about two weeks due to occupational negligence as above.
2. Around 04:00 on June 8, 2014, the Defendant driven the fsch Rexroth vehicle under the influence of alcohol content of 0.112% at a section of approximately 500 meters from the luminous name elementary school around the luminous name-dong to the same opening distance.
Summary of Evidence
1. Defendant's legal statement;
1. A statement of accidents and statements of E;
1. A medical certificate;
1. A traffic accident report;
1. A traffic accident occurrence report;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes on site photographs;
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44 of the Road Traffic Act;