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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. On November 4, 2016, the Defendant violated the Road Traffic Act (divated driving) (d) and driven a motor vehicle under the influence of alcohol concentration of 0.078% during blood transfusion at around 06:30 on November 4, 2016, and proceeded with approximately 12km from the front of the 51-22 of prisoners of war who were able to be able to be strengthened in Incheon, to the front of the Incheon Reinforcement-gun E.
2. On November 4, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”) led the Defendant to drive a motor vehicle above the brand around 06:30 on November 4, 2016, and drive the motor vehicle at a speed of about 50km per hour in the direction of the city in the direction of the strengthening Eup of Incheon.
Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the tea.
Nevertheless, the Defendant neglected this and, as described in paragraph 1, caused the negligence of driving the center line while drunkly, and caused the fump truck of the injured party C(44 ) driving on the opposite side of the mashed, to shock the fump truck of the fump truck of the victim G driving following the said fump truck.
As a result, the Defendant suffered injury to the victim C, a dump truck in need of approximately four weeks’ medical treatment due to occupational negligence as above, and at the same time damaged the victim G’s dump truck with repair cost of KRW 26,272,290.
3. The defendant in violation of the Guarantee of Automobile Compensation for Damages is a holder of a motor vehicle which has obtained a franchise, and no motor vehicle which is not covered by mandatory insurance shall be operated on the road;
Nevertheless, the Defendant operated the said automobile which was not covered by mandatory insurance at the same time and place as stated in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Each G statement;
1. A survey report on actual conditions;
1. A report on the detection of a primary driver;