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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving a motor vehicle with Chyp lurd lurgy, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On November 21, 2015, the Defendant driven the said car with the influence of 0.225% around 16:30 on November 21, 2015, and moved the road of one-lane 618 local highway Do road, which is 618, from the direction of the budget improvement to the Eup in the budget.
In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle and safely drive the motor vehicle and prevent the accident in advance.
Nevertheless, the Defendant neglected this and went beyond the center line due to negligence in the course of duty, thereby driving the victim D(38 tax) that was going to the opposite by negligence beyond the center line.
E The part of the front fence of the vehicle's driver's seat behind the vehicle was received as the front part of the left side of the Defendant's vehicle.
Ultimately, the Defendant, by occupational negligence, stopped the victim with injury, such as cerebral cerebrovas, which requires medical treatment for about two weeks, and escaped without taking measures, such as aiding and abetting the victim.
2. Defendant 1 driven the said car under the influence of alcohol concentration of approximately 0.225% from the 12K section of approximately 12K to the place where the said accident occurred, in order to ensure that Defendant 1 driven the said car under the influence of alcohol from the front corner of the cafeteria-gu Seoul Special Metropolitan City budget-raising Seoul Special Metropolitan City.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. A report on the occurrence of a traffic accident and the report on a traffic accident;
1. Response to a request for appraisal;
1. Application of Acts and subordinate statutes to field photographs, diagnostic certificates, and estimates;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act (occupationality) concerning criminal facts and Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes