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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the above sentence shall be executed 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) is a person who is engaged in driving a passenger car in the B SP land.
On May 12, 2019, the Defendant driven the said car under the influence of alcohol of 0.108% with a blood alcohol concentration of 01:00, and led the Defendant to drive the said car along the two-lanes in the direction of Busan in the direction of the net stream, at a point 29.6 km adjacent to the Southern Sea Highway (Influence) in the direction of the Jinyang-si.
At the time, since it is night and its location is a bend road on the left side, a person engaged in driving service has a duty of care to safely drive according to his/her own lane.
Nevertheless, the Defendant, while under the influence of alcohol, has been negligent in driving, and the part of the victim C(23 years of age) driving, which was driven along one lane due to the negligence of driving the two lanes, was shocked by the back side of the vehicle operated by the Defendant.
Ultimately, the Defendant suffered injury to the victim, such as the 7th anniversary of the 14 week period of medical treatment, due to such occupational negligence.
2. Around 01:00 on May 12, 2019, the Defendant driven a B car from a distance of about 100 km to a point where 29.6 km is located on the roads in front of a mutual influence funeral hall located in the Jinjin-gun, Gangwon-do, Gangwon-do, Seoul Special Metropolitan City, to the roads in front of a mutual influence funeral hall located in the Jinyang-gun, Jinyang-gun, Jinyang-gun, the front line of which is located in the Jinyang-gun, Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report, the report on the occurrence of traffic accidents, the report on the results of the control of drinking driving, and the report on the actual state of drinking drivers;
1. A medical certificate;
1. Application of Acts and subordinate statutes governing accident site photographs;
1. Article 3(1), proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts.