Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is a person who is engaged in the duties of driving G knife vehicles.
On October 25, 2014, at around 23:37, the Defendant driven the said van while under the influence of alcohol with 0.132% of blood alcohol concentration, and led to a two-lane road in front of the I cafeteria located in the Haju-gun H, the Defendant proceeded from the Tririthm to the Trithm of the Trithm.
Since there is a center line of yellow-ray, in such a case, there was a duty of care to operate safely by accurately operating the steering gear and brake system of the vehicle and observing the central line.
Nevertheless, the Defendant, while neglecting the above duty of care, was negligent in driving the center line while under the influence of alcohol, and received the left-hand part of the victim J(33 years old) driving car from the opposite direction, which was driven by the Defendant on the left-hand part of the vehicle driving by the Defendant.
Ultimately, the Defendant, by such occupational negligence as above, sustained injury to the victim K (the 33 years old), who is the passenger of the said victim J and the victim vehicle, respectively, for approximately two weeks of medical treatment. At the same time, the Defendant did not immediately stop the said Switzerland car owned by the victimJ to take necessary measures, such as providing rescue to the victims, even though it damages its repair cost to the extent that it would amount to KRW 3,048,879.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of the J;
1. A traffic accident report, on-site inspection report, and on-site photographs;
1. Report on the circumstantial statements and investigation report of the host driver;
1. Written estimate for automobile inspection and maintenance;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Articles 148 and 148-2(2)2 and 44 of the Road Traffic Act concerning criminal facts.