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Defendant shall be punished by imprisonment for a term of one year and six months.
except that the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who drives B QM5 cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident).
On January 6, 2020, at around 22:35, the Defendant driven the said QM5 car with a alcohol level of 0.120%, and led to the driving of the said QM5 car along the same lane in front of the D convenience point in opticalyang City C from the side of the E apartment to the F apartment.
At the time, there was a rain, and there was a place where the center line of yellow solid lines is installed, so a person engaged in driving service has a duty of care to pass without breaking the center line.
Nevertheless, under the influence of alcohol, the Defendant, as a part of the front part of the above QM5 car by occupational negligence in the middle line, was shocked on the front part of the instant QM5 car by the victim G (W, 52 years old) who was in the atmosphere of the signal in the opposite part.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence during about two weeks of medical treatment, and at the same time escaped without immediately stopping a Track vehicle with approximately KRW 3,228,858 while destroying the Tracker vehicle to repair cost, and failing to take necessary measures, such as providing relief to the victim.
2. Violation of the Road Traffic Act (driving) driving B QM5 automobiles under the influence of alcohol by 0.120%, at the time and place specified in paragraph 1, as stated in paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Statement on the circumstantial statement of the employee;
1. Application of Acts and subordinate statutes to photographs at the site of accident scene, such as a written diagnosis and written estimate about the crackdown on drinking driving;
1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Article 148-2(3)2 and Article 44 of the Road Traffic Act concerning the crime.