Text
A defendant shall be punished by imprisonment for not more than ten 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
The defendant is a person who drives B Hegel's felafers.
On April 16, 2013, at around 01:23, the Defendant driven the said passenger car while under the influence of alcohol with 0.201% of alcohol concentration, and led to the driving of the said passenger car in front of the Jeju 8 Complex located in the Dongcheon-dong, Daegu-gu, Seocheon-do along the same intersection as the East Bridge as the East Bridge.
In such cases, a person engaged in driving service has a duty of care to safely drive by accurately operating the steering gear and the steering gear.
Nevertheless, the defendant neglected this by negligence and caused the victim C (the age of 53) to go beyond the road by taking back the back part of the Daltob, which was driven by the victim C (the age of 53).
The Defendant, by its occupational negligence, sustained injury to the victim, such as salt, tensions, etc. of the bones of wood, which requires medical treatment for about three weeks, and escaped without immediately stopping, and taking necessary measures, such as providing relief to the victim, even though the Defendant destroyed and damaged the above Oral Ba in an amount equivalent to KRW 1,460,000, such as propagation and exchange.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The police statement of C and E;
1. The actual condition survey report;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. A medical certificate;
1. Written estimate;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;