Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a CAD car.
On September 19, 2015, the Defendant driven the said car under the influence of alcohol level of 0.081% among the blood transfusion around 21:20, and turn to the left at an unknown speed, depending on one-lane letter at the front of the MG Saemaul Saemaul Undong, Seo-gu, Seo-gu, Gwangju, at the GG Saemaul Undong, which is located in the Geumho-dong, Seo-gu.
At that time, since the operation of vehicles is at night and there are many other crossings, there was a duty of care to ensure that a person engaged in driving service has a duty of care to keep the front direction and the left and right of the direction of the operation in a safe way and safely.
Nevertheless, in order to turn to the left at a non-protective zone without such duty of care, the Defendant was unable to avoid the victim D(W, 42 years old)'s EN Nos. 1, which is driven by the straight line from the left side of the direction of the proceeding while entering the intersection in order to turn to the left, and received the part of the front side of the Nos. 1, 200 driver's car with the front left side of the Nos. 1, 42 years old.
As a result, the Defendant suffered from the victim’s “sloaks and tensions before the border area” that requires approximately two weeks of medical treatment due to the foregoing occupational negligence, and, at the same time, escaped without taking necessary measures, even if the Defendant destroyed the NAS car and escaped so that the repair cost equivalent to KRW 5,228,276, such as the replacement of gate even if possible.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A survey report on actual conditions;
1. A medical certificate;
1. Written estimate;
1. Application of Acts and subordinate statutes to a report on detection of drivers;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148 and 148-2 subparag. 3 and 44(1) of the Road Traffic Act (the driving of alcohol) concerning the crime.