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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. Around 07:20 on March 13, 2017, the Defendant driven a dial vehicle with alcohol content of about 500 meters from a section of approximately 500 meters to the front road of the Dobong-dong Hyundai Apartment at the Gu-U.S. Si, Seoul to the front road in B, while under the influence of alcohol content of at least 0.079%.
2. The Defendant is a person who is engaged in driving of a passenger car as stipulated in paragraph 1 of this Article.
The defendant driven the above vehicle at the time of the day specified in paragraph (1) and got to turn to the left while driving the front road C in front of paragraph (1) at the seat of the Gu office of the Statistics Office of the Northern Regional Statistical Office of the Republic of Korea.
Since there is a signal, there was a duty of care to prevent accidents in advance by accurately operating the brake system, and driving safely in accordance with the progress signals.
Nevertheless, the Defendant, due to the negligence of entering the intersection and left-hand turn, was under the influence of alcohol, and the Defendant shocked the front part of the victim E (the 69-year-old driver) with the left side of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury, such as the cage of cage cages that require approximately six weeks of medical treatment due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. G statements;
1. A report on the occurrence of a traffic accident, a report on the circumstances of a driver taking driving, an inquiry into the results of crackdown on drinking and a report on actual condition;
1. A medical certificate;
1. Application of each Act and subordinate statutes to each photograph, CCTV image CD;
1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and 38(2) of the Criminal Code, which aggravated concurrent crimes.