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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
1. A defendant is a person who drives B Poter cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, Road Traffic Act, and Road Traffic Act;
On January 31, 2014, at around 15:25, the Defendant driven the above cargo while under the influence of alcohol of 0.128% with a blood alcohol concentration, and proceeded with a road of 276-7 ahead of the Hacheon-gu, Sucheon-gu, Hacheon-gu, the front side of which is about 276-7, at a non-speed speed from the high-speed side to the long-speed distance.
Since there is a long distance at the front of the time, there is a duty of care to reduce the speed of a person engaged in driving a motor vehicle and prevent the accident in advance by safely passing a long distance.
Nevertheless, the Defendant, by negligence while under the influence of alcohol, was driven by the victim C (hereinafter referred to as 44 years of age) who was stopped for the passage of a long distance at the front of the train.
The Defendant, by such occupational negligence, suffered from the victim C and the victim E (V, 22 years of age) who was on the said passenger car at around two weeks of medical treatment, and at the same time, went away without taking necessary measures, such as immediately stopping the damaged passenger car, and providing the victims with the repair cost equivalent to KRW 1,150,884.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act driven an above cargo vehicle which was not covered by mandatory insurance at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Photographs;
1. Mandatory insurance policies;
1. Written estimate and written diagnosis;
1. A report on investigation;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes, such as criminal records;
1. Duties under Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding criminal facts as provided in the corresponding Act.