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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 6, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act at the Incheon District Court on August 6, 2008, and a fine of four million won as of February 21, 201 by the same court.
1. A defendant is a person who is engaged in driving a Brane car.
On April 16, 2016, the Defendant driven the above car around 05:50 on April 16, 2016, and driven a two-lane in the direction of master's distance from the surface of sand village shooting range to the 858 new world apartment site located in Nam-gu, Incheon Metropolitan City.
Under the influence of alcohol, the Defendant was negligent in driving a vehicle without properly examining the front side and the left and left side, and the Defendant was trying to get a guest from three-lanes in the progress direction of the Defendant and to enter a two-lanes.
C Driving DK5 taxi driver’s portion of the DK5 taxi driver’s pent (Fender) was filled with the front pent part of the Defendant’s car operation, and did not take necessary measures to remove the said taxi from the repair cost of KRW 801,758, and did not take any necessary measures to remove the said taxi from the repair cost of KRW 801,758, and operated the said vehicle until the front of the point of the KT Su-dong, Nam-gu, Incheon.
2. Around 05:30 on April 16, 2016, the Defendant violated the Road Traffic Act (drinking driving) driving the said Brane car with alcohol content of 0.235% on alcohol during blood transfusion, and driving the said Brane car with alcohol content of 0.235% on the same day through the accident site described in paragraph 1 from the Namdong-gu Incheon Metropolitan City Guro-gu Street-dong-dong-dong, Incheon Metropolitan City via the accident site described in paragraph 1, around 05:50 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver at home, and report on the detection of the driver at home; and
1. A response to a request for appraisal (30,31 pages of investigation records);
1. Reports on the occurrence of a traffic accident;
1. Written estimate;
1. A previous conviction: Application of a written inquiry and a written reply;
1. Relevant legal provisions and Articles 148 and 54(1) of the Road Traffic Act (the point of action after an accident) concerning facts constituting an offense.