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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a low-speed car B.
On February 29, 2020, the Defendant driven the said car under the influence of alcohol 0.127% of the blood alcohol concentration around 12:17, while driving the said car, and led the D private distance in Chungcheongnam-nam Budget C to go straight from D from the direction of the Jinsan Bridge.
At this point, since the signal, etc. of on-and-off signal is a shooting range where a yellow signal is installed, in such a case, a driver has a duty of care to look at whether another vehicle in the intersection is in transit or not, and to safely drive the vehicle under the influence of alcohol and prevent the accident in advance.
Nevertheless, the Defendant was negligent by entering the intersection in the absence of a breath state while under the influence of alcohol without neglecting this, and received the back part of the Feloned car of the victim E (year 41) driving, which was proceeding directly from the side of the Seosan-Eup to the chill, from the front part of the said felon car.
The Defendant, by these occupational negligence, suffered injury to the victim E, such as salt, tensions, etc. of a shoulder brue, which requires approximately two weeks of medical treatment, injury to the victim G (7 years of age) who is a passenger of the said flading passenger car, such as crums, tensions, etc., which require approximately two weeks of medical treatment, and injury to the victim H (5 years of age) of the fladles, tensions, tensions, etc., for about two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The actual condition of traffic accidents;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;
1. Article 3 (1), the proviso of Article 3 (2) and Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);
1.Article 40 of the Criminal Code of Trade and Trade.