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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On February 12, 2014, the Defendant: (a) driven Csch Rexroth truck on the front side of a farm located in Scheon-si B with a blood alcohol concentration of 0.094% around 15:25,00; (b) around the 4km section to the front road of a sand station in Scheon-si, the Defendant driven Csch Rexroth truck on the front side of a sand station located in Scheon-si B.
2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act and the Defendant in violation of the Road Traffic Act run a road one-lane in the direction of Sacheon-Eup Office in the direction of Sacheon-do Office.
At the time, the vehicle is proceeding in front of the cargo vehicle of the defendant, so in such a case, the driver has a duty of care to maintain the safety distance with the vehicle in front and prevent the accident.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and failed to properly operate the brake system, was driven by the victim D(52) who was driven by the Defendant as the back part of the Eone Star passenger car operated by the victim D(52).
Ultimately, the Defendant, by such occupational negligence, inflicted injury on the victim D, such as light salt, which requires approximately two weeks of treatment on the part of the victim F (the 8-year old-older) who was on board the said Lone Star Co., Ltd., and suffered approximately two weeks of treatment on the part of the victim G (the 9-year-older), and damaged the said Lone Star Co., Ltd to have a repair cost of KRW 8,546,558.
3. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of the above Bosch Rexroth, operated the foregoing cargo vehicle which was not covered by mandatory insurance at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Mandatory insurance policies (C) 1.