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A defendant shall be punished by imprisonment for six months.
except that 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. Around 00:20 on October 2, 2018, the Defendant was under the influence of alcohol with a blood alcohol content of 0.104%, the Defendant driven D 249C obabab in a section of about 800 meters from the front of a folklore store in the area of the Seogu Seo-gu, Seogu, Seo-gu to the front of the road located in Daegu Seo-gu, Seo-gu, Seo-gu, with a folklore concentration of 0.104%.
2. The defendant is a person who is engaged in driving a vehicle with D 249cc.
The Defendant, while under the influence of alcohol concentration of 0.104% on the date and time as described in paragraph (1), was driving the above Oral Ba, and was driving the front part of C in Daegu Seo-gu at a speed of about 40 kilometers from the full four-distance flood bank to C at a speed of about 40 kilometers.
At this point, there is a duty of care to check and proceed with the traffic situation of the e-mail, and in this case, the person engaged in driving service has a duty of care to check the safety of the e-mail.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the above road on the right side of the Defendant’s Y 9C driving on the victim F(50 years of age) who was operating the above road on the two sides from the opening to E-section, and received the front part of the right side of the Defendant’s Hatoba.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Report on the occurrence of a traffic accident, report on the actual condition, report on the statement of the state of a drinking driver, report on the results of the drinking driving control, and inquiry into the results of the drinking driving control;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); imprisonment with labor.