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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
Punishment of the crime
1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Bblades and automobiles.
On January 25, 2014, at around 20:37, the Defendant driven the above vehicle while under the influence of alcohol of 0.094% of blood alcohol concentration, and led the Defendant to drive the said vehicle along one lane from the direction of the Corporation, along with a road of three-lanes in front of the blue Gun in Daegu-gu, Singu, Singu, Singu, in the direction of the Corporation.
Since there is a place of separation, there is a duty of care for a person engaged in driving a motor vehicle to observe the lane in the right-hand side of the central separation zone and drive the motor vehicle, despite the fact that there was a duty of care for the person engaged in driving a motor vehicle, the defendant was negligent in driving the motor vehicle while under the influence of alcohol and due to the negligence of the victim C(26 years of age) driving the motor vehicle in the opposite part, which the victim C(26 years of age) drives.
As a result, the Defendant suffered injury to the victim, such as catitiss, which requires approximately two weeks of medical treatment, due to such occupational negligence.
2. On January 25, 2014, at around 20:30, the Defendant driven the volume of the said B blade car under the influence of alcohol content of 0.094% from the front side of the KCIT Corporation distance to the place of the accident of the said 1.3km from the KCIT Corporation, located on the Gu-gu District of Daegu-gun (Seoul), to the point of the accident of the said 1.3km.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A traffic accident report;
1. The actual condition survey report;
1. A report on detection of a host driver and a circumstantial report on the host driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of 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;
1. Article 62(1) of the Criminal Act: