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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving a BMW car.
On July 23, 2017, the Defendant driven the said car as around 03:30 square meters, and proceeded from the west-gu, Ulsan-gu, U.S., to the intersection of 40 kilometers a speed from the lower side of the Postal Zone to the intersection of the e-mail.
There is a duty of care to prevent the occurrence of an accident in advance by driving safely, such as reducing the speed of the vehicle that intends to enter the intersection and taking care of the vehicle that passes the intersection.
Nevertheless, the Defendant neglected to do so while under the influence of alcohol content 0.185% in blood and entered the same as it is, due to the negligence of entering the port of the Defendant’s driving, received the front part of the victim E (60 years old) driving on the left part of the said car from the Defendant’s driving.
Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc. in need of approximately three weeks of medical treatment by occupational negligence as above.
2. The Defendant did not take necessary measures to ensure smooth traffic by destroying or removing the taxi of the victimized person due to the above occupational negligence at the same time and at the same place as above, and by preventing or removing the traffic danger and impediment, the Defendant did not take necessary measures to ensure smooth traffic.
3. Violation of the Road Traffic Act (drinking driving) the Defendant driven a vehicle listed in paragraph (1) while under the influence of alcohol at approximately 0.185% in the section of approximately 5.9 kilometers from the Gab-Jon Park Sogsan-dong, Namsan-gu, Ulsan-do to the place indicated in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. The actual investigation report on traffic accidents;
1. A report on the circumstances of the driver involved, a report on the detection of the driver involved;