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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
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a car with B mixed fish code.
On October 11, 2019, the Defendant, while under the influence of alcohol 0.119% from blood alcohol level on October 20:30, 2019, made D front roads located in Mapo-gu Seoul Metropolitan Government C to turn to the left in the direction of E from the west-dong distance.
At night and its location had been cross-sections, so in such a case, there was a duty of care to safely proceed after checking whether there was a vehicle that stops and passes on the left before making a left-hand turn to the person who is engaged in driving of a vehicle.
Nevertheless, under the influence of alcohol, the Defendant, by negligence, neglected to turn to the left without neglecting it, went over the right part of H OE which the Defendant driven by the victim G (the age of 61) who was driving the said road in F saw or direction from the direction of E, and went beyond the above OE.
As a result, the defendant suffered approximately four weeks of medical treatment by negligence to the victim who drives a vehicle in a situation where normal driving is difficult due to influence of drinking, such as the right side competition, which requires a medical treatment for about four weeks.
2. The Defendant violated the Road Traffic Act (driving) at the same time and on the front of Mapo-gu Seoul Metropolitan Government I, the Defendant driven a vehicle, such as Paragraph 1, while under the influence of alcohol 0.119% of the blood alcohol concentration of approximately 100 meters on the front of J in front of Mapo-gu Seoul Metropolitan City I at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. The aggravated Criminal Act for concurrent crimes.