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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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who drives a franchise and drives a vehicle of HG.
On September 21, 2013, around 15:00, under the influence of alcohol of 0.072% of blood alcohol concentration, the roads 110-lanes in front of the Daejeon Sung-dong Seosan-dong Mool Village apartment 110 were driven by one two-lanes in front of the Moan elementary school.
At this time, a person engaged in driving service has a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle, and to not drive the vehicle at a speed or in a manner that may cause danger and harm to others according to the road traffic situation and the structure and performance of the vehicle.
Nevertheless, due to the negligence of driving a vehicle by neglecting it, the victim D(Seoul, 48)'s E-Poter 2 truck drivened in the front.
Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as finite finites, which requires treatment for about two weeks.
2. On March 28, 2007, the Defendant is a person who has a record of being subject to a fine of KRW 3 million from the Daejeon District Court on March 28, 2007, and a fine of KRW 2.5 million from the Daejeon District Court on December 14, 2010.
Nevertheless, while under the influence of alcohol at around 15:00 on September 21, 2013, at around 0.072% of the blood alcohol concentration, the indictment for the HG car is extracted from the front of the business line in the Daejeon Seo-dong, Daejeon U.S., Daejeon U.S. to approximately 500 meters away from the 1110 roads in front of the Daejeon U.S. Seo-dong, Seo-dong, Daejeon, Daejeon, and the indictment for the YG car was stated as “Epo-2 cargo vehicle,” but it is obvious that it is a clerical error, and thus, the indictment was corrected ex officio.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A traffic accident report;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. A medical certificate;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Handling of traffic accidents under relevant Articles of the Act and selective punishment concerning facts constituting an offense;