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A defendant shall be punished by imprisonment for one year.
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 is engaged in driving a Bchip car.
On May 3, 2015, the Defendant driven the said car under the influence of alcohol 0.147% with a blood alcohol concentration around 1:10 on May 3, 2015, and led the Daegu Jung-gu roads to the front side of the Daegu middle-gu roads from the middle school room of the middle school.
Since this is a narrow alley, there was a duty of care to safely drive a motor vehicle by making it possible for a person engaged in driving the motor vehicle to reduce the speed and have a pedestrian driving the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this, and the part of the victim D(52 years of age) who passed the opposite direction in the front bank was placed on the right side of the Defendant’s car.
Ultimately, even though the Defendant suffered from an injury to the victim of an unclaimed loss in the number of days of treatment due to such occupational negligence, the Defendant immediately stopped and escaped without taking measures such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A set of medical records;
1. Report on actions taken against an employer, and circumstantial statement of an employer, of an employer;
1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey report;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. (the scope of recommending punishment) is among the proviso of Article 3(2) of the School Special Rule Act.