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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a CP car.
On October 1, 2017, the Defendant driven the said car under the influence of alcohol content of 0.096% in blood around 04:00, while driving the said car, which led to the progress of the road near the 761 half of Sejong-ro, Sejong-dong 761.
At the time, there was a protective wall to prevent the entry of a vehicle at night and at the front door, so there was a duty of care to prevent the accident in advance by safely proceeding the vehicle driver with a view to keeping the front and right and the right and the right of the vehicle in a safe way.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and was placed in the front section of the passenger car of the Defendant.
Ultimately, the Defendant suffered injury to the victim D (the age of 26) who was accompanied by the Defendant’s car due to the above occupational negligence, such as an injury to the left-hand trauma and a flag of the dog in need of approximately nine weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to traffic accident reports;
1. Facts constituting an offense in the course of performing the relevant legal affairs and practical duties: Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2(1)1 and Article 44(1) of the Road Traffic Act, Articles 148-2(1) of the Road Traffic Act, the choice of imprisonment or imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend Courses lies in a serious reflection on the defendant, and the fact that the victim is subscribed to the comprehensive motor vehicle insurance, and that the victim is not punished as a person who promised to marry with the defendant is favorable to the defendant, and that the degree of injury is serious, and that there is a criminal conviction of the same kind of fine is disadvantageous to the defendant
In addition, the age, sex, environment, and motive for the crime of the defendant;