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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 became final and conclusive.
Reasons
Punishment of the crime
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person who is engaged in driving a franchise-free car;
At around 03:50 on August 26, 2016, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.104%, was driving the front road of Busan Metropolitan City from a drinking-distance flood room to a cultural and art distance outflow.
Since the passage of vehicles is frequent, in such a case, the driver of the vehicle shall not drive the vehicle at such a speed or in such a manner as to inflict any danger and obstacle on others according to the traffic conditions of the road and the structure and performance of the vehicle, and there was a duty of care to prevent the accident by driving safely in front, rear, and right side by checking accurately the traffic conditions of the vehicle.
Nevertheless, the Defendant neglected to do so and neglected to stop on the front line of the said two-way road by negligence, and led the victim D(the age of 62) who was parked on the second line of the said road, to the front part of the front line of the said vehicle of the Defendant.
As a result, the Defendant suffered injury to the driver of the victimized vehicle D, the victim F(44), G(54), H(56), I(34), and J(42) by negligence in the course of performing the above duties, respectively, for approximately two weeks of medical treatment.
2. On March 14, 2014, the Defendant was issued a summary order of KRW 1,00,000 by the Seoul Southern District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 1,50,000 as a fine in the same court on May 23, 2016.
On August 26, 2016, at around 03:50, the Defendant driven a 5 km car from 10-4, Bupyeong-gu, Incheon, Bupyeong Culture No. 72-ro to 10-3, Seocheon-si, Incheon, while under the influence of alcohol content 0.104%.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The occurrence report and the report on the traffic accident;