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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 in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of a vehicle B high-speed car.
On September 22, 2015, the Defendant driven the said vehicle under the influence of alcohol level of 0.057% from blood alcohol level around 04:40 on September 2, 2015, and continued to drive the said vehicle at a speed of about 50km from the original shooting distance to the back of the white line in Incheon Bupyeong-gu.
At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure thorough operation of the driver in the front line and safe operation of the car line.
Nevertheless, the Defendant, while neglecting this, was at the front of a car driven by the Defendant, was driven by the victim D(69) of the victim D, which was driven along the two-lane opposite to the other, due to the negligence committed by the center line while driving, due to the Defendant’s negligence.
Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, i.e., credit brutitis, crush, etc., which requires approximately 14 weeks of medical treatment.
2. The Defendant violated the Road Traffic Act (drinking driving) driving a low-priced car B at the time and time specified in paragraph 1, while under the influence of alcohol content of 0.057% in blood, the Defendant proceeded with approximately 1 km from the Do in the vicinity of the Hancheon apartment apartment located in the Busan Bupyeong-gu, Incheon to the place specified in paragraph 1.
Summary of Evidence
1. The defendant's legal statement (the third public trial date);
1. Statement made by the police with regard to F;
1. A survey report on actual conditions;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Report on investigation (Visits, investigation, etc.);
1. Each medical certificate, opinions, certificates of hospitalization, certificates of entrance/discharge, and statements of medical treatment;
1. Application of the Acts and subordinate statutes concerning shock photographs of the vehicle involved in the accident, photographs of the scene of the accident, photographs of the scene of the accident, photographs of the suspension of the image of the motor vehicle of the witness's driver's vehicle, and the motor vehicle booms
1. Criminal facts;