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A defendant shall be punished by imprisonment for six months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
On October 16, 2012, the Defendant is a person driving a B-to-p motor vehicle. On October 16, 2012, the Defendant driven the said motor vehicle under the influence of alcohol 0.131% of alcohol with a blood alcohol concentration around 08:10%, and proceeds from the road near the Yijin-gu child in the front city at the front city to the front city air basin at the front city. On the left-to-hand motor vehicle in the front direction, D-to-hand motor vehicle operated by the victim C was sent, waiting and stopped.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the other motor vehicle by accurately operating the steering gear and brakes.
Nevertheless, the Defendant neglected this and erroneously operated the steering gear while making a U.S., and received the victim’s left behind part of the passenger car.
The Defendant, by occupational negligence, sustained injury to the victim, such as salt, tension, etc. of the bones, which requires medical treatment for about two weeks, and at the same time, avoided repair costs to require considerable amount of KRW 1,474,120, and went away by driving the Defendant’s car without immediately stopping the vehicle and taking measures, such as aiding the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. A survey report on actual condition, photographs, and a report on detection of a host driver;
1. The application of Acts and subordinate statutes to a written diagnosis and an investigation report;
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) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Do vehicle and the Do vehicle)] of the same Act;