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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 is engaged in driving of Malaysia.
1. On August 4, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.193% at the 3km section of the blood alcohol level from the street in front of a mutually influent restaurant, which is located in the identity of Gyeyang-gu, Young-gu, Young-gu, Gyeonggi-gu, Gyeonggi-do, to the roads front of the original Heungung-dong, Nowon-gu, 178-11, Nowon-gu, Seoul High-dong, 178-11.
2. The Defendant was driving a motor vehicle above at the time specified in paragraph (1) and proceeded to turn left to the village from the direction of the original Heung Underground Road, which comes from the front side of the second lane in front of the original Heung Underground Road.
A person engaged in driving motor vehicles has an occupational duty to safely operate steering and brakes without drinking and prevent accidents by checking the boom and left and right of the motor vehicle driving.
Nevertheless, the defendant neglected this and caused the shock signal light support unit in the direction to the right side of the defendant's driving by negligence while driving a motor vehicle while it is difficult to drive a motor vehicle at a normal level due to driving under the influence of alcohol as described in paragraph (1).
Ultimately, the Defendant suffered from the injury of the victim C ( South, 35 years old) who was accompanied by the Defendant’s driver’s chief of the vehicle operation due to the foregoing occupational negligence, such as the frame of a tent and the closure of a 8 week medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A survey report on actual conditions;
1. A vehicle condition photograph at the time the accident occurred;
1. A medical certificate;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Selection of each sentence of imprisonment;
1. The aggravated Criminal Act for concurrent crimes.