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A defendant shall be punished by imprisonment for six months.
except that 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
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a vehicle BM5 car;
On December 28, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.088% 0.08% around 17:30 on December 28, 2018, and led to the passage of the roads in front of Young-gun C from the breaon to the chon-Eup bank.
At the time, there was a lot of snow on the road, so in such a case, there was a duty of care to prevent accidents in advance by reducing the speed to those engaged in driving business and operating the steering and brakes accurately.
Nevertheless, under the influence of alcohol, the Defendant was unable to properly operate the steering and steering devices, and the Defendant received street lamps and boundary rocks installed at the center of the road as front parts of the Defendant’s vehicle and suffered bodily injury, such as two open doors, which require approximately two weeks of treatment to the victim D (year 44) who was accompanied by the Defendant’s vehicle due to the shock.
2. The Defendant violated the Road Traffic Act (driving) driving the BM5 vehicle as described in paragraph (1) at a section of about 9 km from the front day to the front day of Yongnam-gun, Jeonnam-gun, in the state of under the influence of alcohol 0.08% of blood alcohol level at the time specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, and evidence and photographs of the traffic accident;
1. A report on the actual state of the driver;
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, and Articles 148-2 (2) 3 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. The former part of Article 37 of the Criminal Code among concurrent crimes.