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A defendant shall be punished by imprisonment for one year.
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
1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in B-type.
On April 18, 2017, the Defendant driven the said car under the influence of alcohol content of 0.099% from blood transfusion around 22:10 on April 18, 2017, and continued the front of the “D” road in Yongcheon-si, Gyeongcheon-si, Gyeongcheon-do.
At this point, the speed of restriction is 40 km per hour, and yellow-off signal and crosswalks are installed, so there was a duty of care to ensure safe operation by checking whether a person engaged in driving a motor vehicle is a person walking the crosswalk by complying with the speed limit and by properly operating the steering direction and brakes.
Nevertheless, under the influence of alcohol, the Defendant neglected to drive a restricted speed exceeding 49 km per hour, and found the victim E (n.e., 18 years old) who walked on the crosswalk from the right-hand side of the direction to the left-hand side of the direction, and had the victim go beyond the road by receiving the victim from the front part of the Defendant's car.
As a result, the Defendant inflicted an injury on the victim due to the above occupational negligence, such as an acute trauma under the influence of medical treatment for about 20 weeks.
2. On April 18, 2017, the Defendant driven a B-eth alcohol vehicle under the influence of alcohol content of approximately 0.099% in the section of approximately 800 meters, from the road front of the 133 U.S. Hacheon-si, Yongcheon-si, North Do, to the road front of the “D” located in the same city C, at around 133:0 on April 18, 201.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. A report on internal investigation (verification of video recording of accident scenes and black boxes);
1. Application of Acts and subordinate statutes to the general diagnosis;
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3(2)3 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents.