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A defendant shall be punished by imprisonment 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
On May 19, 2014, the Defendant was sentenced to a fine of five million won for a violation of road traffic law in the support of the Daejeon District Court on May 19, 2014, and the same kind of criminal records are four times.
The Defendant is a person engaging in driving a CNEW EF rocketing car.
On February 12, 2017, the Defendant driven the said car under the influence of alcohol content of 0.210% during blood transfusion around 16:00, and led the Defendant to proceed to the Gambling Residents' Center on the side of the public market where the E agency located in Seo-gu Daejeon, Seo-gu, Daejeon was driving the said car at a level of 0.210%.
Since there is a place where the center line of yellow solid lines is installed and the majority of the vehicles are parked on both roads A, in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents, such as thorough operation of the front road, and accurate operation of steering and brakes, and failure to flap the central line, etc.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle parked on the road A while driving the center line, and the Defendant was placed in front of the left-hand side of the Defendant’s car by reporting the said vehicle by the Defendant in the opposite direction, and temporarily stoppinged the said passenger vehicle at the right-hand side of the Defendant’s car.
As a result, the Defendant suffered from the victim F and the victim H, who was on board the victim F and the above damaged vehicle due to such occupational negligence, for approximately two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Each written diagnosis;
1. A traffic accident report;
1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. A violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;