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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2015 Highest 2349] On October 27, 2015, the Defendant driven a C truck under the influence of alcohol content of about 0.140% from the section of approximately 300 meters to the front road of “former steel net and fences” located in the Gecheon-si Garo, the Defendant’s house located in 10:10 on October 27, 2015.
[2016 Highest 36] The Defendant is a truck driver of Cpoter: (a) on October 27, 2015, the Defendant, who is a truck driver of Cpoter, was under the influence of alcohol on October 27, 2015 by 0.112% of alcohol content during blood transfusion, and the front of Samsung Bio-Road, who is engaged in net City behavior, went along one-lanes from the side of the southwest to the side of the medical source, along the two-lanes; and (b) at the same time, there was a vehicle waiting for signal at the longest intersection, and thus, a person engaged in driving a motor vehicle, has a duty of care to properly look at the front side and the right and the right and the right and the right and the right and the right and the right and the right and to prevent the accident from occurring.
Nevertheless, the Defendant neglected to do so and led the victim D( South, 55 years old) to drive a signaled vehicle at the intersection stop line due to the negligence of the Defendant, which led the victim D(the victim D) to drive the Estuna vehicle at the intersection stop line.
Ultimately, the Defendant suffered injury to the above victim, such as salt, tension, etc., in need of approximately two (2) weeks of treatment due to occupational negligence.
Summary of Evidence
[2015 Highest 2349]
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, a survey report on the actual condition of a traffic accident, and an accident scene photograph;
1. Fact-finding reports on drivers engaged in driving, reports on detection of drivers engaged in driving, and inquiries about the results of crackdown on drinking;
1. Each investigation report (2016 order 36);
1. Statement by the defendant in court;
1. Statement made by the police of D;
1. A medical certificate;
1. A report on the occurrence of a traffic accident (1 deemed), an investigation report on the actual condition of a traffic accident (1), and (2);
1. Application of Acts and subordinate statutes to report the circumstances of driving a drinking and notify the results of regulating drinking driving;
1. Article 148-2 of the Road Traffic Act (Article 148-2) 2 and Article 44 of the same Act concerning criminal facts and the selection of punishment.