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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
[criminal history] On August 24, 2007, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of road traffic law at the Suwon Friju District Court on August 29, 2015. On January 29, 2015, the Defendant was issued a summary order of KRW 6 million as a fine for the same crime.
[Criminal facts] The Defendant is a person who is engaged in driving a car C Car II.
On September 6, 2017, the Defendant driven the said car while under the influence of alcohol content of 0.154% from blood transfusion around 17:00, and continued to drive the said car in front of 0.154% from the two-gu main villages to the soil middle school.
There was a duty of care to prevent accidents in advance by driving safely according to the right side of the road to a person engaged in driving of a motor vehicle.
Nevertheless, the Defendant neglected to do so and neglected to do so, and due to the negligence of the Defendant’s failure to proceed with the center line, received the part of the Defendant’s passenger vehicle operation in front of the victim E (47) with the top pentum part of the passenger vehicle operation.
As a result, the Defendant suffered injury to the victim, such as 'beatum, tension, etc.', which requires approximately two weeks of medical treatment due to such occupational negligence.
Summary of Evidence
【Criminal Facts】
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A report on the occurrence of a traffic accident, a report on the situation of the driver at the main place, an investigation report (report on the situation of the driver at the main place), an investigation report on the actual condition, and an investigation report
1. Inquiries about the results of crackdown on driving alcohol;
1. Medical certificates (E);
1. A photograph of an accident vehicle, on-site photograph submitted by the victim E (the record of the crime in its holding);
1. Written inquiry about criminal history, etc.;
1. Application of two copies of the summary order issued under two Acts and subordinate statutes; and
1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Special Cases Concerning the Selection of Punishment, Article 3(2)2 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Article 148-2(1) of the Road Traffic Act.