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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
The Defendant, at around 23:30 on January 8, 2013, driven Csch Rexroth car at a drunken level between 0.10% and 0.15% on blood alcohol, and proceeds three-lanes in front of the Gisungdong in Seo-gu, Seo-gu, Gwangju, along three-lanes from the side of the Cisung square to the white plaza at about 70km in speed.
A two-lane change.
There are two-lanes of the victim D(33 years old) driving vehicles, so in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by changing the lanes safely while considering the traffic situation before and after the vehicle.
Nevertheless, the Defendant neglected this and changed the lane as it is, and was sleep to the left side of the Defendant’s car, and was sleeped behind the victim’s driver’s car.
Ultimately, the Defendant, due to the above occupational negligence, suffered from the victim FF (the 56-year old age), who was on board the victim’s car, the two-day medical treatment of which is required for approximately two weeks, such as the damage of the flickness of the two flicks that require the victim’s medical treatment. At the same time, the Defendant destroyed the victim’s car to be 6,059,713 won for repair cost, and escaped without any measure such as aiding the victim’s car.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Each written diagnosis and written estimate;
1. An initial and actual survey report on the traffic accident site;
1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;
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 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Code of Trade Competition.