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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
Criminal facts
Some of the facts charged were corrected.
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 B K7 car.
On May 16, 2019, at around 01:20, the Defendant driven the said car while under the influence of alcohol of 0.088% of blood alcohol level, and led the two-lane road in front of the “D” located in Gwangju City to proceed along the two-lanes from the well-known distance outflow to the air-passing slope.
In such cases, a person engaged in driving service of a motor vehicle has a duty of care to take into account the traffic situation of the driving direction and prevent accidents by accurately manipulating the steering direction and brake system.
Nevertheless, the Defendant, while under the influence of alcohol, was under the influence of alcohol and stopped in the signal atmosphere at the front of the vehicle, received a part of the front part of the Defendant’s vehicle behind FG4 U.S. driving of the victim E(39 years old) driving.
Ultimately, the Defendant suffered approximately three weeks of medical treatment from the victim by occupational negligence as above.
2. Around 01:20 on May 16, 2019, the Defendant driven the said K7 vehicle at the 2km section from around 2km to D located in Gwangju City, Gwangju Metropolitan City, while under the influence of alcohol of 0.088% of blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A report on the actual condition of a traffic accident, on-site photograph (11 pages of the investigation record), and a medical certificate;
1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the results of crackdown on drinking driving;
1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); and