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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
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a motor vehicle of Benz;
On December 22, 2019, at around 00:40, the Defendant driven the said car under the influence of alcohol content of 0.120% from 13 meri-ro 663, 063, to the funeral of Gyeyang-gu Incheon Metropolitan City, and continued directly to the direction of Tri-do from the flow-distance flood.
At night, the signal lights are installed, and in such a case, there was a duty of care to prevent accidents by driving safely in accordance with the new code.
Nevertheless, by negligence in violation of the signal while under the influence of alcohol, the Defendant was bound to make a normal left-hand turn from the right side of the Defendant’s car (58 years old) to the left-hand side of the victim C (the victim) who was normally left-hand in the direction of the right side of the Defendant’s car.
Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.
2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven BWz car with a blood alcohol concentration of about 0.120% at the section of approximately 1.5 km from the roads near Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon to the places specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Inquiry into the result of the crackdown on drinking driving;
1. A medical certificate;
1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (verification reports on the same type of crime records) Acts and subordinate statutes;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;
1. Violation of the Act on Special Cases concerning the Settlement of Alternative Traffic Accidents;