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A defendant shall be punished by imprisonment for not less than eight 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 engaging in driving a car B E400.
On May 27, 2018, at around 23:35, the Defendant driven the said vehicle under the influence of blood alcohol concentration of 0.135% without a driver’s license, and led the vehicle to make a bypass from C apartment to D apartment at the direction of the fire station located at 17-day a month at the time of the week.
Since there is a place where the center line of yellow-ray is installed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front line and to keep the upper line from the center of the road.
Nevertheless, the Defendant neglected to do so and was negligent in driving along the central line, and the victim E (n.e., the age of 26) who was driving from the Da apartment to C apartment from the Da apartment on the side of the Mad apartment, received the front-hand part of the F-crin-car driving car as the front-hand part of the e400 car.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the need for a medical treatment for about two weeks, gallle bed and gallle bed and gallle bed.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Registers of driver's licenses;
1. Notification of the control of drinking driving;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 2, the proviso to Article 7, and Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. With respect to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, and the crime of violation of the Road Traffic Act, the crime of this case, which is selected by imprisonment, has inflicted an injury on the victim by causing a traffic accident that intrudes the center line while driving without permission;