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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as the "Aggravated Punishment, etc. of Specific Crimes"), and the Road Traffic Act (hereinafter referred to as the "Aggravated Punishment, etc.") are those engaged in driving motor vehicles in
On January 14, 2017, the Defendant driven the above vehicle at around 04:40, and got the intersection of the private distance C in front of Kimpo-si from Kimpo-si to the seat of Kimpo-si post office in Kimpo-si, while under the influence of alcohol level of 0.151% in blood.
At night, it was an intersection where there was no signal apparatus at the time, and the victim D(47 tax) is working on the front side, and the driver of the vehicle was working on the left-hand turn-hand vehicle for XG, so the driver of the vehicle has a duty of care to operate the vehicle safely so that it does not conflict with other vehicles by accurately operating the steering direction and operating system of the vehicle, by checking well the right-hand and right-hand side of the vehicle.
Nevertheless, the Defendant, while under the influence of alcohol, neglected the above obligations and proceeded rapidly to the left side of the XG car by the negligence that the said new car has been driven by the Defendant, and the said new car has led to the front left side of the above XG car.
As a result, the Defendant suffered injury to the victim, such as brain-dead, salvine, and salvine, which require treatment for about three weeks, by such negligence, and at the same time, the Defendant escaped without taking any measures even though the said new car was damaged (repair cost).
2. The Defendant driven the said vehicle under the influence of alcohol level of 0.151% at the same time and at the same place as that set forth in the preceding paragraph.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Survey report on actual condition, report on the circumstances of driving a drinking and report on the results of regulating drinking driving;
1. A medical certificate;
1. Application of statutes on site photographs;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 of the Road Traffic Act concerning criminal facts.