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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
Punishment of the crime
The defendant is a person who is engaged in driving C 124cc.
On January 17, 2014, the Defendant, while under the influence of alcohol 0.138% of blood alcohol concentration, was driven by the Defendant, and turned the above oto the front of the defensive resident center located in the defense Dong-dong, Ulsan-gu, Ulsan-do, into the front side of the defensive resident center in the defensive Dong-gu, Ulsan-do, as one of the defensive defense units, bypassing about 30 km from the defensive elementary school on the front side of the defense unit to the front side of the defensive elementary school.
At the same time, a crosswalk without signal apparatus is installed on the front door, so in such cases, the driver had a duty of care to check whether there is a person who gets on a way to reduce the speed and to see well the right and the right of the front door, and to drive safely.
Nevertheless, the Defendant neglected this and got the victim D (ma, 62 years old) who crosses the crosswalk to port from the right side of the crosswalk to the right side of the crosswalk due to the negligence of bypassing it.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the injury of the side spons in the left-hand sponse section, which requires approximately nine weeks medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. The actual condition survey report, the results of the drinking driving control report, and photographs related to traffic accidents;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso to Article 3 (2) 6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;
1. Selection of imprisonment without prison labor for a violation of the Road Traffic Act and the Act on Special Cases concerning the Settlement of Traffic Accidents;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act [the lowest penalty shall be imposed on the concurrent crimes committed in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy penalty];