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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. On July 3, 2020, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) driven B-2 cargo vehicles with a blood alcohol concentration of 0.121% and tried to turn to the right at the intersection between the two-lane and the two-lanes in the direction of the port side of the road in order to turn to the right at the intersection while driving along the intersection between the two-lanes in the direction of the port side of Busan and the five-lane from the port side of the road, even though he had an occupational duty to safely drive by using the center inside the intersection-centered side of the road, while driving the vehicle at the intersection in accordance with the center line of the road in advance, while driving the vehicle at the speed of the victim C(61 years old) who had a normal straight speed in the same direction at the third-lane of the same speed.
As a result, the Defendant suffered injury to the victim C, such as salt ties and tensions that require treatment for about two weeks, and rash dynasium and tensions that require treatment for about two weeks to the victim E (V, 59 years old) who is the passenger of the damaged vehicle.
2. The Defendant violated the Road Traffic Act (driving) at a time, while under the influence of alcohol at 0.121% of alcohol level, as stated in the above paragraph (1) of the same Article, driving approximately KRW 1 Km 2 truck from the front day of G located in Busan Dong-dong F to the front day of the same pan-driving road in the same Gu.
Summary of Evidence
1. Reports on traffic accidents by a defendant's legal statement, statement, drinking driving control results, and the application of statutes governing field photographs;
1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving a motor vehicle while driving a motor vehicle);
1. With respect to the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Sentence under Articles 40 and 50 of the Criminal Act, imprisonment without prison labor shall be sentenced, and imprisonment with prison labor shall be sentenced to the crimes of the Road Traffic Act.