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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
[Criminal Power] On January 24, 2008, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Road Traffic Act at the Busan District Court, and on December 9, 2009, sentenced to 8 months of imprisonment with prison labor for a violation of the Road Traffic Act at the Busan District Court.
【Criminal Facts】
1. Around 18:40 on August 24, 2013, the Defendant driven B Poter cargo under the influence of alcohol concentration of about 0.35% from the section of about 1km from the front of the Manogdong, Suwon-gu, Busan to the front of the same place, and from the road in front of the same place, the Defendant driven B Poter truck under the influence of alcohol concentration of about 1km.
2. The defendant is engaged in driving of B Poter cargo vehicles.
On August 24, 2013, the Defendant driven the cargo at a speed of 0.355% in which normal driving is difficult due to alcohol leveling around 18:40 on August 24, 2013, and proceeded at a speed of about 30 km from the side of the square of Suyang-gu, Busan to the speed of about 30 km in front of the Gyeongyang-gu, Busan.
Since there is a one-lane road in which people's passage is frequent due to the vicinity of the luminous sea, a person engaged in driving of a motor vehicle has a duty of care to check and drive the path by properly examining the luminous sea well.
Nevertheless, the Defendant did not discover the victim C(39 years of age) who was walking on the front side by negligence while neglecting this, and received the victim as the front part of the cargo vehicle.
As a result, the Defendant suffered injury to the victim, such as brain salvins, which requires approximately three weeks of medical treatment, due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of D traffic accidents;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. A medical certificate;
1. Previous convictions in judgment: Criminal records, and other inquiry reports and investigation reports (Attachment to a judgment);