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A defendant shall be punished by imprisonment for not less than eight months.
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 engaging in driving CS350 benz automobiles.
On April 19, 2016, the Defendant driven the said car under the influence of alcohol level of 0.109% among blood transfusions on April 16, 2016, and driven the two-lane road in front of the E Company D in Chungcheongnam-si, Chungcheong-si, along two-lanes from the direction of Chungcheong-si.
The location is that the passenger car 1.3 tons of Gpat 1.3 tons driven by the victim F(61 tax) on the side is stopping on the side. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front left and right, and accurately manipulating the steering and brakes.
Nevertheless, the Defendant was negligent in drinking while driving the vehicle and received the rear part of the above cargo vehicle in front of the right side of the vehicle.
As a result, the Defendant suffered, by its occupational negligence, the injury to the victim F, such as the left-hand sloak, which requires approximately three weeks of medical treatment, and the victim H (44 ) who was on board the above cargo from around three weeks of medical treatment, respectively.
2. On April 19, 2016, the Defendant driven C S350 benz automobiles under the influence of alcohol leveling 0.109% from the 20km section to the place indicated in paragraph (1) at around 16:5 on April 19, 2016, in a state of under the influence of alcohol leveling from around 20km to around 0.109% of alcohol level.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement prepared by the F;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. On-site photographs;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of penalty;