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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a driver of the B B B B BT car.
On July 9, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.218% during blood transfusion around 15:00, while driving the said car, and led the front road of the 2330 intersection building in front of the 2330 intersection building to the four-distance flood protection area in a water-based four distance distance.
In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop on the right side of the road while driving, was followed by the victim C(24 years old) driving, who was under the influence of the vehicle, and was under the influence of the vehicle in front of the said vehicle.
Ultimately, the Defendant suffered from the injury of the victim C and the victim E (V, 20 years of age) who was accompanied by the car in the above occupational negligence, including 15 days in need of medical treatment, respectively.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Reporting on the occurrence of a traffic accident;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)1, and Article 44(1) of the Road Traffic Act (the point of drinking and a clerical error in the application of the law stated in the indictment is evident, and it does not give any substantial disadvantage to the defense of the defendant. Thus, “Article 148-2(2)2 of the Road Traffic Act” is amended ex officio as “Article 148-2(2)1 of the Road Traffic Act,” and “Article 148-2(2)2 of the Road Traffic Act,” respectively.
1. Articles 40 and 50 (Punishments provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents among the crimes of violation of each Special Cases concerning the Settlement of Traffic Accidents, and punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against E with heavier criminal standing);
1. Selection of penalty;