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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Around October 21, 2013, the Defendant was driving a cream vehicle under the influence of alcohol content of about 700 meters at a section of about 0.234% of alcohol content from the Handododon Don Don Dontri-gu, Sungnam-si to the front road of the Japanese bank located in the same Dong from Sungnam-si.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and Violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) have entered the road in front of the parking lot in order to drive the said vehicle under the influence of alcohol at the Handodon Ethian parking lot as above, and to proceed from the cryp surface to the dump
In such cases, a person engaged in driving of a motor vehicle must accurately operate the steering system, brakes, and other devices of the motor vehicle, and have a duty of care to safely enter the road to prevent traffic accidents after checking whether there is a motor vehicle that is traveling on the road at the time of entering the road.
Nevertheless, under the influence of alcohol, the Defendant was found to have been negligent in entering the road due to the error of entering the two-lanes of that two-lanes, and the first part of the EM5 vehicle driven by the Defendant.
Ultimately, the Defendant, by negligence in the above duties, sustained a salt and tension to the victim F (50 years of age) who is a partner of the said SM5 car, for about two weeks of medical treatment, and at the same time, did not stop the above SM5 car amount to damage approximately KRW 2,462,010 for repair costs, such as the latter loan exchange, and escaped without taking necessary measures, such as aiding the victim.
3. The Defendant violated the Special Act on the Settlement of Traffic Accidents (hereinafter “Special Act”) at the above date and time violates the duty of safe driving, due to the Defendant’s misunderstanding of the duty of safe driving.