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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person engaging in driving service of CMF7 vehicles.
On May 21, 2017, the Defendant driven the said car under the influence of alcohol level of 0.111% among blood transfusion around 08:07, and led to the driving of the said car in front of Busan Metropolitan City D from Seoul Metropolitan bank to Incheon Metropolitan bank.
Since there are lots of traffic volume and speed limit are 60km speeded, the defendant engaged in driving the motor vehicle had a duty of care to safely check the right and the right of the motor vehicle while complying with the speed limit.
Nevertheless, the Defendant, at a speed exceeding 59.04 km, 119.04 km per hour, neglected to do so and proceeds in the same way as the Defendant’s proceeding direction. A victim E (W, 59 years old) who changed the lane from the fourth lane to the first lane is driving.
F. The upper part of the left-hand side of the car of the F-hurged passenger was received as the front part of the said car operated by the Defendant.
As a result, the Defendant suffered injury to the victim, such as the upper half of the upper half of the body in need of treatment between approximately eight weeks in the above occupational field and the room.
2. Defendant 1 driven the said vehicle under the influence of alcohol concentration of 0.11% from the 8km section from the roads near the Guro-gu Seoul New Forest to the roads front of Seocheon-si, Seoul, at the same time and at the same place as described in paragraph 1 above.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A traffic accident report;
1. Report on the circumstances of drinking alcohol and report on the results of regulating drinking driving;
1. On-site photographs and traffic accident analysis and appraisal report;
1. Application of Acts and subordinate statutes to investigation reports (victim H telephone communications);
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 (the occupational and dental occupation) and the Road Traffic Act concerning criminal facts.