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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 April 14, 2011, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act in the Gwangju District Court’s net order support on April 14, 201, and a fine of five million won as a fine in the same court on October 29, 2013.
The defendant is a person who is engaged in driving of freight vehicles B1 ton.
On April 5, 2015, the Defendant driven the said vehicle under the influence of alcohol of 0.125% with a blood alcohol concentration of 0.15%, and led the Defendant to drive the said vehicle over a two-lane one-lane between the two-lanes, namely, the road in front of the Southern Gungung-gun, Goungnam-gun, Goungnam-gun, Goungnam-gun, to the direction of the Goungsan Village.
Since there is a road where a centralized separation cost is installed, a driver of a motor vehicle has the duty of care to safely drive the motor vehicle to prevent accidents in advance by driving the motor vehicle safely, such as driving the motor vehicle along the center right part of the road, and accurately manipulating the steering direction, brakes, etc. with a view to the traffic situation.
Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive normally on the road beyond the center line and was negligent in driving along the road in normal direction, and the victim C (the aged 41) driven the normal lane in the opposite direction, followed the left side of the DMobage car, and received the wheels part of the Defendant’s vehicle into the front part of the left side of the vehicle.
Ultimately, the Defendant suffered injury, such as knee knee knee knee knee kne knee knee knee knee kne.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site evidence of a traffic accident;
1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;
1. The circumstantial report;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Appointment of Imprisonment and Imprisonment)