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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's low-income motor vehicle on duty.
On November 7, 2014, the Defendant driven the said car under the influence of alcohol of 0.086% with blood alcohol concentration around 19:10, while driving the said car, and proceeded at the speed of about 50 km per hour according to the speed of 50 km between the 3-lanes of the west-si and the 4-lanes of the west-si.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to check the driving status of the motor vehicle in advance and to prevent any traffic accident by changing the way safely.
Nevertheless, the Defendant neglected this and negligently changed the course from a one-lane to a two-lane, and caused a conflict between the two-lanes of the victim E(the age of 46) driving with the two-lanes, such as the front fences of the driver's vehicle.
As a result, the Defendant suffered injury, such as salt, tension, etc., to the victim for about two weeks of medical treatment. At the same time, the Defendant, even though destroying and damaging the said Bosch Rexton car in an amount equivalent to KRW 654,546 of repair cost, did not immediately stop and failed to take necessary measures, such as aiding and abetting the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;
1. A medical certificate;
1. Application of the written estimate statutes;
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) 3 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Code of Trade Competition.