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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
On October 14, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.216% without obtaining a driver’s license on October 14, 2013, and the Defendant driving of Eoneone Star or Ecompopon with a proportion of 0.216%, and the Defendant proceeded at about 30 km in speed from the direction of the Daejeon Metropolitan Government Office to the speed of 5 Ecompopon.
Since there is a lux road as a lux, the defendant engaged in driving of a motor vehicle has a duty of care to accurately manipulate the brakes of the lux in stopping so that the lux does not follow the lux.
Nevertheless, the Defendant neglected this and failed to accurately operate the brakes, etc., which led to the Defendant’s negligence behind the said vans, which led to the Defendant’s failure to correctly operate the said vans, and received the part of the front part of the Epote car driven by the victim D (In this case, 29 years old) who was at the next stop.
Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D with salt and tensions that require approximately two weeks of medical treatment, and at the same time, destroyed the said car to cover approximately KRW 382,610, such as the exchange of the front driver, and escaped without taking necessary measures, such as aiding and abetting the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. The actual condition survey report, the registration of driving licenses, and the registration of driver's licenses;
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Punishment;