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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 who is engaged in driving a rocketing car.
1. On July 21, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driving the said vehicle while driving the said vehicle along the two-lanes between five-lanes in the distribution intersection and five-lanes in the distribution intersection, from the south Bridge of Seocho-gu Seoul, Seocho-gu, Seoul, on the 127 Olympic Zone; and (b) in such a case, a person engaged in the driving business has a duty of care to safely drive the said vehicle and prevent accidents from occurring due to safe driving, such as thoroughly performing the duty of Jeonju and maintaining the safety distance with the front vehicle.
Nevertheless, while neglecting this, the Defendant, while driving 0.163% under the influence of alcohol, caused the back part of the victim C(the age of 44) driving while driving in the same lane to the front part of the driving vehicle of the Defendant.
Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.
2. On July 21, 2014, the Defendant driven the said vehicle under the influence of alcohol by 0.163% in the section of about 4km from the 4km to the distribution bridge in Seocho-gu Seoul, Seocho-gu, Seoul, at around 22:42 on July 21, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. C’s statement;
1. A traffic accident report;
1. Photographs;
1. A report on detection of a host driver;
1. Written estimate;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Article 62 of the Criminal Act: