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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2015 Height883]
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the violation of the Road Traffic Act are those who are engaged in driving of Category C cargo vehicles.
On February 20, 2015, while under the influence of alcohol around 17:48, the Defendant was forced to circumvent the intersection of the 2159-distance Intersection from the Sindu City Peace-ro 2159-ro to the sloping-si.
The driver of any motor vehicle has a duty of care to accurately operate all devices of the motor vehicle, and to safely drive the motor vehicle according to the road traffic situation and the structure and performance of the motor vehicle and to prevent the accident.
Nevertheless, the defendant's negligence, while neglecting the Jeonju City, tried to see the victim's Da (24 years of age)'s e-pubing car which is temporarily stopped on the two-lanes in the same direction, and continued to see the victim's Furting car which is temporarily stopped before being pushed in the future.
As a result, the Defendant, by its occupational negligence, damaged the victim D’s salt and tension that requires approximately two-day medical treatment, and the victim F, suffered from the victim H (the 23 years old), who is the passenger of the cruise car, about two-day clocks and tensions, respectively. The Defendant damaged the property that is equivalent to KRW 1,051,098 for repair costs, such as the exchange of the vehicle from the passenger of the cruise, and KRW 452,628 for repair costs, such as the exchange of the above cruise vehicle after the cruise vehicle.
2. The defendant is deemed to have driven a vehicle under the influence of alcohol by driving the vehicle on his/her own under the influence of alcohol at the same time and at a place as stated in the above paragraph (1) and under the influence of alcohol by the police officer I belonging to the same Yancheon Police Station, such as smelling and smelling red on the face.