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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The defendant is a person who is engaged in driving a Cra-car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Traffic Act.
On June 4, 2018, the Defendant was under the influence of alcohol content of 0.057% during blood transfusions on 00:15, and was under the influence of alcohol content of 0.057% on 46% at the front of the Gesung-gu Culture Center, Daejeon, to turn to the left at the parallel from the entrance of the Nesung-gu Cultural Institute.
In such cases, the driver has a duty of care to safely operate the steering system and to prevent accidents by properly operating the steering system and steering the steering system.
Nevertheless, under the influence of alcohol, the Defendant got a victim D (the age of 36) who gets a bicycle from the direction of the Madung-dong to the competent cultural center on the side of the Madung-dong, while neglecting this, was driven by the Defendant.
As a result, the Defendant suffered injury to sugars without any wound in the two cases where approximately three weeks of medical treatment is open to the victim due to the above occupational negligence.
2. The Defendant in violation of the Guarantee of the Payment of Motor Vehicle Damages Act is a holder of Crashed Motor Vehicle.
No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.
Nevertheless, the defendant operated the car without mandatory insurance at the same time and place as the above Paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. The actual survey report and the circumstantial statement;
1. Notification of the results of regulating drinking driving;
1. A medical certificate;
1. Application of Acts and subordinate statutes regarding mandatory insurance;
1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the point of driving alcohol, the choice of imprisonment with prison labor), and compensation for motor vehicle damages.