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A defendant shall be punished by imprisonment for not more than ten 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 is a person who is engaged in driving a car in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes.
Around 23:00 on April 30, 2019, the Defendant driven the above van while under the influence of alcohol with 0.180% of alcohol concentration, and led to the two-lane road of D in front of the Chungcheong Budget C from the budget to the new funeral source, along with two-lanes.
At all times, signal lights are installed, so in such cases, the driver has a duty of care to reduce the speed to the person engaged in driving duties and to prevent the accident by proceeding well with the other vehicles' attitudes in the signal lights and the frontline.
Nevertheless, the Defendant, while neglecting the influence of alcohol and proceeding as it is, was faced with the part of the victim E (the 63-year-old taxi driver) who stops at the front of the mast, in the direction of signal, with the front part of the said mast-off vehicle.
As a result, the Defendant suffered from the injury of the victim E, such as the scopical salt, tension, etc. in need of a medical treatment for about three weeks due to the influence of drinking, and the injury of the victim G (the 44 years old), who is the passenger of the said taxi, for about two weeks in need of medical treatment.
2. A violation of the Road Traffic Act (driving) was driven by the Defendant on the roads near the “I cafeteria” located in H in the Chungcheongnam-nam Budget Group H, under the influence of alcohol content of about 3.3 km from approximately 0.180% to the front roads in C, while under the influence of alcohol content of about 0.180%.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A traffic accident report (1) a survey report on actual condition and a traffic accident report (2) a survey report on actual condition;
1. On-site photographs;
1. Notification of the control of drinking driving;
1. Investigation report (report on the circumstances of an immigration driver);
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant provisions concerning facts constituting an offense;