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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The defendant is a person who is engaged in driving of a motor vehicle B high-priced motor vehicle;
On August 8, 2020, the Defendant driven the above vehicle at around 19:00, and carried out a direct operation of the road near C, Osan City, to the front of the central police box at D.
In such a case, there was a duty of care to safely drive a person engaged in driving a motor vehicle by checking the right and the right and the right of the driver.
Nevertheless, under the influence of alcohol level 0.034%, the Defendant neglected this and did not see the front bank properly, and did not discover the victim G (V, 72 years old) who was crossing the road from E room to Fside due to the bad negligence, and shocked the victim with the front part of the above vehicle.
As a result, the Defendant suffered injury to the victim, such as an open frame that requires approximately 12 weeks of treatment due to occupational negligence as above.
2. On August 8, 2020, the Defendant driven the said vehicle while under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.034% from the road near Sinsan-si to the place indicated in the preceding paragraph.
Summary of Evidence
1. A written statement of the defendant in court;
1. The actual survey report and the report on the occurrence of traffic accidents;
1. An accident site photograph;
1. The application of Acts and subordinate statutes to the notification of the results of the crackdown on drinking driving, the inquiry into the results of the crackdown on drinking driving, and the circumstantial statement of drinking drivers;
1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (3) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of imprisonment);
1. Of concurrent crimes, among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be more severe penalty than the penalty provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, (Bodily Injury).