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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a DNA car.
1. On December 26, 2016, the Defendant driving the said vehicle while under the influence of alcohol level of 0.186% from blood around 05:51 on December 26, 2016, and driving the said vehicle at a speed of 0.186%, and driving the vehicle at the speed of about 40km from the intersection of the Yellow-gu, west-gu, 251 to the direction of the road in front of the 251 central sex of the Jeonju-ro.
At the same time, there is a crosswalk where a signal, etc. is installed, so it was confirmed whether a person engaged in driving service has a duty of care to safely drive according to the new subparagraph, after checking whether there is a person who will cut the way by reducing the speed and by properly examining the right and the right of the road.
Nevertheless, the defendant did not discover the victim E (the age of 54) who walked on the right side of the crosswalk in accordance with the green signals of the crosswalk at the right side of the defendant's running direction while under the influence of alcohol, while neglecting the duty of the front-way driver in a situation where normal driving is difficult, and instead did not discover the victim E (the age of 54) who walk on the right side of the crosswalk.
In the end, the above victim suffered injury, such as external shocks, diversal shocks, etc., which require approximately 28 weeks of treatment due to occupational negligence.
2. The Defendant violated the Road Traffic Act (drinking driving) driving a franchise in a state of alcohol level of 0.186% while under the influence of alcohol level of blood at the time, place, etc. set forth in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. A report on the detection of a primary driver;
1. A report on whether to drive any danger;
1. Application of Acts and subordinate statutes to medical certificates and medical opinions;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Selection of penalty;