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A defendant shall be punished by imprisonment for six 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 is a person engaging in driving a rocketing car.
On October 24, 2019, at around 02:00, the Defendant was under the influence of alcohol of 0.138%, and the Defendant was under the influence of alcohol of 0.138%, one-lane between the five-lanes near the largest village distance of 150, Seo-gu Daejeon, Seo-gu, with one-lanes.
It is an intersection where signal lights are installed, so a person engaged in driving service has a duty of care to drive safely according to the front line.
Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, led to the front part of the victim C (Nam, 63 years old) driving in accordance with the new subparagraph in the left turn due to the negligence of left turn while the former signal was sent straight, was shocked by the front part of the said car.
As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim C, such as the left-hand hand 5 balance of 6 weeks of medical treatment, and the injury to the victim E (the son and 41 years of age) who is the same passenger of the said taxi, for four weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. The actual condition survey report;
1. Making a report on the control of drinking driving;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1), the proviso to Article 3 (2), Article 268 of the Criminal Act, Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment without prison labor or imprisonment with prison labor for a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution;