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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
1. Around 08:20 on January 8, 2019, the Defendant driven a DNA car with a blood alcohol concentration of about 0.165% at the 2km section from around Sejong Special Self-Governing City, to the front road of Sejong Special Self-Governing City, while under the influence of alcohol content of about 0.165%.
2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant is a person who is engaged in driving a motor vehicle of Dobs.
On January 8, 2019, the Defendant driven the said car under the influence of alcohol 0.165% with blood alcohol concentration around 08:20 on January 8, 2019, and led the front road of Sejong Special Self-Governing City to proceed at a speed of about 30km from the Gun to the high-speed road of Sejong Special Self-Governing City.
Since there is a place where the center line of yellow-ray is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.
Nevertheless, the Defendant neglected this and received the front part of the driver’s seat of the car in Fti-gu driving in Fti-gu operated by the injured Party E (hereinafter referred to as 43 years old) who was under normal driving due to the negligence of the center line while under the influence of alcohol, as the front part of the driver’s seat of the car.
Ultimately, the Defendant suffered injury to the victim, such as salt ties and tensions, which require approximately two weeks of treatment by occupational negligence as above, and at the same time damaged the car in the T-gu as repair cost of KRW 13,004,640.
Summary of Evidence
1. Defendant's legal statement;
1. The actual survey report on traffic accidents;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. Article 3 (1), Article 3 (2) (proviso) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act concerning criminal facts;
1. Commercial concurrence;