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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
The Defendant is a person engaging in driving a car B.
On October 20, 2017, the Defendant driven the said car under the influence of alcohol level of 0.180% from blood alcohol level around 23:39, while driving the said car, and driving the road of 5 lanes in front of “B-ro 2,” which is located in B-ro, Seoul Jung-gu, with two lanes in front of “B-ro, 2,000”, from the bank of “B-ro 3,00”, the Defendant driven the said car at a speed of 20km per hour depending on two lanes.
At the time, night is narrow and the signal at the above intersection is installed, so in such a case, the defendant engaged in driving of the motor vehicle has a duty of care to check the vehicle signal well and safely drive the motor vehicle and prevent the accident from driving the motor vehicle in advance.
Nevertheless, the Defendant neglected this and did not check the vehicle signal to the above intersection in a situation where it is difficult for the Defendant to drive the vehicle normally as above, and did not turn to the left without confirming it. The Defendant shocked the part of the victim C driver’s front part of the driver’s seat in front of the driver’s seat in the Defendant’s vehicle driving on the side of “B-ro 3 A” from the side of “B-ro 3 A” to the “section at the entrance of B-ro,” which was proceeding in accordance with the vehicle driving signals.
Ultimately, the Defendant suffered approximately two weeks of medical treatment from the above victim due to the above occupational negligence, such as “satisf and tensions.”
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. A medical certificate;
1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;
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 Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act