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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 is a person who is engaged in driving a Cpos car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On September 23, 2017, the Defendant driven the said car at around 00:57, and proceeded at a speed of about 80km/h from the surface of the passenger bank located in Hongcheon-gun Hongcheon-ro 3,000, one lane in front of the national bank, which is located in 3:6-lane 1,000, to the side of the bus terminal in red tourist hotel room, depending on the two lanes.
It is a place designated as a living road of 30km/h with speed limit and a crosswalk is installed. Therefore, the driver has a duty of care to prevent accidents by properly manipulating the brakes while driving slowly.
Nevertheless, the defendant neglected this and failed to properly operate the brake system, and caused the victim D (21) who walked along the crosswalk in the left direction to the right side of the road due to the negligence of not operating the brake system, the defendant shocked the front side of the above vehicle.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s injury, such as damage to the number of light cars for about 14 weeks in need of medical treatment.
2. On January 1, 200, the Defendant was driving CPosing a vehicle with alcohol content of about 0.179% from the 300-meter section from the 15-lane Hongcheon-gun, Hongcheon-gun, Hongcheon-ro, 5-gil to the 6-lane Hongcheon-ro, 300 meters away from the 300-meter section, while under the influence of alcohol with alcohol content of 0.179%.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. The application of Acts and subordinate statutes to report the occurrence of a traffic accident, a survey report on actual conditions, a field photo, a statement on the circumstances of a driver driving at the State, a report on the results of crackdown on drinking driving, each medical certificate, an investigation report (verification of black stay images), an investigation report (restricted speed on the scene of an accident);
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of dangerous driving) as to the crime.