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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
The Defendant is a person engaging in driving a benz car.
1. On June 5, 2017, the Defendant violated the Road Traffic Act (unclaimed Measures after Accidents) (hereinafter “MMM”), followed the three-lanes in front of the Busan Bank, located in the Busan Southern-dong, Nam-gu, Busan, along the two-lane radius from the U.N. intersection to the large distance outflow.
On the front of the defendant's advanced navigational direction, there is a blind-distance intersection where signal lights are installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to look at the front side well and to prevent a collision with a signal waiting vehicle by accurately manipulating the brake system.
Nevertheless, the Defendant, by occupational negligence, who did not accurately operate the brake system without properly examining the front door, did not immediately stop and take necessary measures, such as checking the situation and degree of damage, while taking the back part of the DNA-learning passenger car driven by the victim C (e.g., 28 years old) under the above intersection stop line into the front part of the above benz passenger car driven by the Defendant, and destroying the above bening passenger car to the extent equivalent to 150,000 won.
2. On June 5, 2017, the Defendant driven the said benz car in a drunken state with approximately 3km alcohol concentration of about 0.226% from the 3km to the 12-10-way way from the seeds snick-dong in the Namcheon-gu, Busan to the peace of the Nam-gu, Busan.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. The application of Acts and subordinate statutes on the inspection of actual condition of traffic accident reports (1), vehicle photographs, etc., each investigation report, traffic accident occurrence report, the circumstantial statement report of the driver in charge of the primary driving, estimates, and the results of blood collection appraisal;
1. Relevant legal provisions and Articles 148 and 54(1) of the Road Traffic Act (the point of action after an accident) concerning facts constituting an offense.