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1. The defendant shall be punished by imprisonment for four months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
1. On January 23, 2015, the Defendant: (a) driven a Btero car while under the influence of alcohol with approximately 0.109% of alcohol concentration in the section of about 20km from the front of the mutual influent restaurant in the transmitting control station in Gwangju Mine-gu to the Honam Highway located in the northwest-gun, Jeonnam-gun. (b)
2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car with B test.
At around 21:20 on January 23, 2015, the Defendant proceeded along the North Korean Highway (the point 107.4km from the westwest) located on the north of the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, in one way from the west to the west north of the west.
At night, there was a duty of care to safely drive the steering boat and the steering system by accurately manipulating the steering boat and the steering system for the person engaged in the driving of the motor vehicle.
Nevertheless, the Defendant neglected to do so and went through the negligence while under the influence of alcohol and received the part on the right-hand part of the victim C(51) driving, which was driven earlier, as well as the part on the left-hand part of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury to the victim, such as internal walls that need approximately eight weeks of treatment due to occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes, such as field map, field photograph, actual survey report, notification of the results of the drinking driving control, circumstantial statement of a drinking driver, and medical certificate;
1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 and (2) of the Criminal Act are applicable.