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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 of the final judgment.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving a tea in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Road Traffic Act, and the Road Traffic Act.
On December 10, 2012, the Defendant driven the said car with a blood alcohol concentration of 0.126% 0.126% around 19:30 on December 10, 2012, and continued the road 39-1 prior to the operation of the Incheon Southern-gu, Incheon, to the direction of the Incheon Park.
At the time, it is difficult to secure the night view at night, and since the vehicle in front of the defendant stops at the front of the signal, there was a duty of care to prevent the accident in advance by thoroughly manipulating the front time and accurately manipulating the brake system.
Nevertheless, the Defendant neglected this and proceeded without examining the front section of the said car and received the back part of the Esch Rexton car driven by the victim D(the age of 61) who is waiting for the signal at the front section of the said car by negligence.
Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the injured party, such as light salt, which requires treatment for about two weeks, and at the same time, destroyed the sexton car to be in excess of KRW 2,161,836, and escaped without immediately stopping the said sexton car and taking necessary measures.
2. On December 10, 2012, the Defendant violated the Road Traffic Act ( sound driving) and the Guarantee of Automobile Accident Compensation Act (hereinafter referred to as the “Motor Vehicle Liability Act”) operated a CDap car not covered by mandatory insurance at a 1km section from the Do in front of the Incheon Southern-dong 209, Nam-gu 609, Nam-gu, Incheon, where the trade name in the operation Dong-gu, Incheon is unknown while under the influence of alcohol concentration of 0.126%.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual survey report on traffic accidents, photographs of the accident vehicle, and the accident site;