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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
On January 5, 2014, the Defendant is a person who is engaged in driving of Chiver vehicle. On January 5, 2014, at around 03:50, the Defendant was driving the said vehicle under the influence of alcohol concentration of 0.137%, and was driving the said vehicle in the direction of the Chiver middle school in front of the Chiver vehicle in the direction of the Chiver distance.
At the time, since the traffic signal, etc. is installed at night and at the same time, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle according to the traffic signal.
However, while neglecting the above duty of care, the Defendant was negligent in proceeding in violation of the signal and received the front part of the truck freight vehicle from the victim D(35 years old) driving in the direction of the government from the steel side to the traffic signal.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence during the two-day period of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Report on the actions taken against the driver, and the report on the status of the driver's license and the statement of the situation;
1. Registers of driver's licenses;
1. Application of the Acts and subordinate statutes on photographs, such as a medical certificate, a traffic accident report report, a survey report, on-site photographs, and CCTV image closure;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (a point of driving without a license);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Determination of imprisonment without prison labor for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment and the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and (2), and Article 50 of the Criminal Act shall apply mutatis mutandis;