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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Around 02:45 on February 6, 2015, the Defendant: (a) driven BK5 car under the influence of alcohol level of 0.206% on the roads prior to the Haak-dong, Haak-dong, Pacific Island at the time of Pakistan; (b) led the Defendant to drive the BK5 car on the surface of his/her free release and drive it on the surface of the air.
A driver of a motor vehicle has a duty of care to properly operate the steering gear while living well on the part of the driver of the motor vehicle.
그럼에도 불구하고 피고인은 이를 게을리한 채 술에 취하여 전방주시와 조향장치조작을 제대로 하지 못한 과실로 좌측 중앙분리대 가드레일을 피고인 승용차의 앞범퍼 좌측 부분으로 충격하고, 계속하여 위 승용차가 튕겨져 2차로 갓길에 있는 가드레일을 2차로 충격하였다.
Ultimately, the Defendant, by occupational negligence as above, destroyed approximately KRW 3,300,000 of the repair cost of the said diversing day, and immediately stopped and escaped without taking necessary measures after the accident.
2. Around 02:45 on February 6, 2015, the Defendant driven the said K5 vehicle while under the influence of alcohol leveling 0.206% of blood alcohol level on the road front of the Pacific East Pacific Island at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A report on the detection of a host driver;
1. Written consent for collecting blood, request for appraisal, and written appraisal of blood alcohol;
1. The background of arrest;
1. Written estimate;
1. Application of Acts and subordinate statutes governing accident site photographs;
1. Relevant legal provisions concerning the facts of crime, Articles 148 and 54 (1) of the Road Traffic Act that choose the penalty, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentence of Article 62-2 of the Criminal Act shall be punished for driving under drinking in the past of the reasons for sentencing.