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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 drives a motor vehicle with sod vehicle as his/her duties.
On May 19, 2018, the Defendant was under the influence of alcohol level of 0.151% during the blood transfusion around 21:25 on May 19, 2018, and the Defendant driven the said Avis-hur vehicle on the transmission or downstream in the 28th century along that of Seocheon-si, while driving the said Avis-hur vehicle on the side of Incheon.
A person who drives a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and since he/she is an underground lane with a white solid line, he/she has a duty of care to report the traffic situation at the right and right and right and right and safely drive the motor vehicle along the lane and prevent the accident in advance.
Nevertheless, under the influence of alcohol, the Defendant, while neglecting the above duty of care, was driven by the victim D(23 Do) who driven by the victim D(23 Do) who driven by the victim D(23 Do) on the left side of the Ei 40 vehicle due to the above part adjacent to the right side of the hurged vehicle, and suffered approximately two weeks of treatment to the victim, and did not take necessary measures, such as aiding and abetting the damaged person to repair the said i40 vehicle at the same time.
As a result, the defendant driving a motor vehicle while under the influence of alcohol, suffered an injury to the victim due to a traffic accident caused by occupational negligence, and did not take necessary measures even after destroying property.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. Statement made by the police against D;
1. A written diagnosis and written estimate;
1. The application of Acts and subordinate statutes to report the actual condition of traffic accidents, photographs of the relevant vehicles, notification of the results of regulating drinking driving, statement of the situation of the driver placed at driving, and the state of driving at driving;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after damage and injury) concerning the crime.