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A defendant shall be punished by imprisonment for six 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 is engaged in driving a dump truck with the fourth wheels of the Gu.
On September 26, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.187% during blood alcohol level from around 13:35 on September 26, 2016, and became to turn to the left from the front intersection of the D cafeteria located in the Southern-gun C at the west of the Bosung-Eup.
Since there are three-distance crossings where a signal apparatus and a non-protective left turn sign is installed, the driver has a duty of care to turn left to the left so as not to obstruct the traffic of other vehicles in accordance with the new code at the time of green proceeding signal, so the driver has a duty of care to prevent accidents.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the duty of the front side of the above intersection and making a left turn to the left without neglecting the duty of the front side of the above intersection, and the full part of the FTco car of the victim E driving, who was holding the intersection in line with the new direction in the direction of the bendal direction, was shocked into the right corner of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury to the victim, such as the closure of kneenee bones, which requires approximately six weeks of medical treatment due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Inquiries about the results of crackdown on drinking driving;
1. A report on internal investigation (referring to the application of the Act on the Aggravated Punishment, etc. of Specific Crimes causing bodily injury to a dangerous driver);
1. On-site photographs of traffic accidents;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime, and the choice of a sentence;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant's records of the same crime (one time a fine for drinking driving), the drinking volume of this case, and the scale of traffic accidents for the reason of sentencing under Article 62-2 of the Criminal Code.