Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of 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 another car on a Saturday.
On December 29, 2017, the Defendant driven the said car under the influence of alcohol content of 0.149% during blood transfusion on December 29, 2017, while driving the said car, and driving the shooting distance of 57 low-distance 57 low-speed stations in Seoul Special Metropolitan City, Nowon-gu toward the hill station from the relay.
Since the place is an intersection where signal, etc. is installed, there was a duty of care to safely drive a motor vehicle in accordance with the signals by reducing speed before entering the intersection and by checking well the right and the right of the road before entering the intersection.
Nevertheless, the Defendant neglected to drive normally due to influence of alcohol and neglected to do so, neglected the stop signal of the front bank, and went to the left side from the right side of the road due to the negligence of entering the said intersection as is, the front part of the victim D (55 ) who driven by the victim D(55 ) who was driving on the left side from the right side of the road.
As a result, the Defendant suffered injury to the victim, such as salt, tension, etc., by negligence on the part of the Defendant, which requires approximately three weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A photograph on the scene of an accident, a report on the actual condition of a traffic accident, a report on the circumstances of the driver at the main place, a report on the detection of the driver at the main place, a written statement of the occurrence of a traffic accident
1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The accident of this case is caused by gross negligence by the defendant's reason of sentencing under Article 62-2 of the Criminal Code of the community service order.