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A defendant shall be punished by imprisonment for six 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. Around 01:40 on December 14, 2014, the Defendant driven a vehicle C in the state of alcohol alcohol 0.227% at a section of approximately 1.5 km from the front of the New Station in Gangnam-gu Seoul Metropolitan Government to the front road in front of the same Gu.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving motor vehicles by re-examination
At around 01:40 on December 14, 2014, the Defendant, while under the influence of alcohol, proceeded along three lanes with the road of seven lanes in front of Seoul, Gangnam-gu, Seoul, along the boundary of the Gu Hospital History from the new airspace.
The Defendant, prior to the same direction, was followed by the EMW M5 car driven by the victim D(34 years old). As such, the Defendant had a duty of care to prevent accidents, such as making the situation to those engaged in driving of the automobile, securing safety distance, and driving the vehicle.
Nevertheless, the Defendant neglected to drive normally due to the above influence of alcohol and due to the negligence of driving the said BMW car in close vicinity to the above BMW car, and received the back part of the left-hand part of the car driven by the victim to the upper right-hand part of the car driven by the Defendant.
Ultimately, the Defendant, while driving in a state where normal driving is difficult due to influence of drinking, was negligent in the course of performing the above duties, and the Defendant suffered injury, such as climatic salt, etc., for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A traffic accident report;
1. A report on detection of a host driver;
1. A medical certificate;
1. Application of Acts and subordinate statutes to photographs of accident vehicles;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the Act on the Aggravated Punishment, etc. of Specific Crimes.