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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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle B-to-purd motor vehicle;
On March 11, 2019, at around 02:30, the Defendant driven the said car under the influence of alcohol with 0.123% of alcohol concentration, and continued D’s front intersection in Busan Sagu C from the lower lower distance to the lower distance from the lower distance.
At that time, there was a signal apparatus installed at the intersection, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signal apparatus's instruction and prevent the accident in advance.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and neglected to turn to the left according to the direction of signal apparatus at the direction of the Defendant’s proceeding, and received the part on the left left-hand side of the victim E(61 years old) driving ahead of the above Abdol-U.S. car.
Ultimately, the Defendant suffered injury to the victim by occupational negligence during approximately two weeks of medical treatment.
2. Around 02:30 on March 11, 2019, the Defendant was driving a motor vehicle with the blood alcohol concentration of about 0.123% under the influence of alcohol at the section of approximately 7.8 km from the Seo-gu, Busan to the front intersection of D in the above Yagu, Seo-gu.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A survey report on the actual condition of a traffic accident and an accident site photograph;
1. Gabbbbox image flafing photographs;
1. The circumstantial statement of the employee;
1. Notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving;
1. A medical certificate;
1. Application of Acts and subordinate statutes to investigation reports;
1. Article 3(1), the proviso to Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 3(1), the proviso to Article 3(2)8 of the Criminal Act, Article 268 of the Criminal Act, and Article 268 of the former Road Traffic Act.