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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
The Defendant is a person who is engaged in driving a small-scale car B.
On November 25, 2016, the Defendant driven the said car while under the influence of alcohol with 0.110% of alcohol concentration in blood around 23:50 on November 25, 2016, and down the said car from the south of the area where Gwangju Mine-ro 403 Black Sym-ro
2. The two-lanes have run towards the earth.
Since there is a signal, the person engaged in driving service has a duty of care to confirm the signal and drive safely according to the signal.
Nevertheless, under the influence of alcohol, the Defendant neglected to stop the direction of the vehicle, but was negligent in violating the signal and immediately left as it is, and thereby, received the front part of the victim C(65)'s D's D'(65) driving that took place on the right side from the left side of the driving direction of the said vehicle in accordance with normal signals.
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. Statement by the defendant in court;
1. A written statement of occurrence of a traffic accident prepared C;
1. A traffic accident report and each traffic accident report;
1. Evidence and photographs of the traffic accident scene;
1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving, a report on detection of a driver driving, and an inquiry about the results of regulating drinking;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows, and the defendant's age, sex, environment, and other circumstances.