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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 18, 2016, the Defendant: (a) driven a car with a horse crine while under the influence of alcohol with approximately 700 meters alcohol concentration 0.116% from a section of approximately 700 meters from the right before the Kentung-si red-dong red-dong red-dong, to the front of the same city B in the same city.
2. The Defendant is a person engaging in driving service of a car with the horses set forth in C.
On December 18, 2016, 00:15, the Defendant proceeded along the two-lane road in front B in front of the Gangseo-si, Jung-si, along the south mountain intersection, from the valley of the two-lanes.
At the same time, the E-learning car owned by the victim D was parked on the two-lanes, so there was a duty of care to display the front door to the person engaged in driving service and properly manipulate the steering gear to proceed without being charged.
Nevertheless, the Defendant failed to properly operate the steering gear and received the back part of the damaged vehicle's left-hand part of the Defendant's vehicle's right-hand part.
Ultimately, the Defendant escaped without taking necessary measures to remove the risks on the road even though the repair cost of KRW 5,039,059, such as the exchange of back criminals due to the above occupational negligence, was destroyed to the extent of the damaged vehicle and the damaged vehicle was destroyed.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual condition and an accident scene photograph;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Written estimate;
1. Application of Acts and subordinate statutes to investigative reports (such as the state of dispatch to scene of drinking driving accidents);
1. Relevant Article of the Act and Articles 148-2 (2) 2, 44 (1) (the point of drinking), 148, and 54 (1) (the point of failing to take measures after destruction) of the Road Traffic Act concerning the facts constituting an offense, the choice of imprisonment, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that one's mistake is divided and the fine is imposed once.