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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On September 28, 2016, the Defendant: (a) driven a DNA-learning car under the influence of alcohol by 0.098% from the 14km section from the 14km section from the 14km section from the 14km section from the 106:23 at Ansan-si to the front-si road.
2. The Defendant is a person who is engaged in driving service of a set-off passenger car as stipulated in paragraph 1.
The Defendant driven the said car while under the influence of alcohol as stated in paragraph 1 at the time of the day set forth in paragraph 1, and proceeded along four-lanes from the king to the king of the king-do in order to drive it.
Since there was a road with a speed of 70 km per hour, there was a duty of care to prevent accidents by safely driving the steering gear and brakes while complying with the speed limit and accurately operating the steering gear and brakes.
Nevertheless, under the influence of alcohol, the Defendant neglected his/her duty to keep his/her speed more than 36 km a speed of 106 km a speed exceeding 36 km a speed of 106 km per hour, thereby changing the course from three lanes in the front direction to four lanes (46 cm) by the victim E (46 cm).
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A traffic accident report;
1. An appraisal report or a report on the detection of a primary driver;
1. Application of the relevant Acts and subordinate statutes to a written appraisal;
1. Article 3 (1), the proviso to Article 3 (2) 3 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts;
1. As to the offense of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Punishment, the choice of imprisonment without prison labor and the offense of violating the Road Traffic Act;