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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On April 5, 201, the Defendant received a summary order of KRW 2.5 million from the Daejeon District Court's Busan District Court's Branch on July 10, 201, and KRW 4 million from the Daejeon District Court's Branch on July 10, 2013.
[Criminal facts] The Defendant is a person who is engaged in driving a vehicle of CM5.
On March 21, 2018, the Defendant, while under the influence of alcohol 0.096% during blood transfusion at around 22:07, was driving the said car from the restaurant in Asan D before the restaurant, which led to the operation of the said car on the front side of the Asan City, and the use of the said car on the front side of the Isan City, and the use of the said car on the roads in front of the Isan City.
At the time, at night and a crosswalk was installed at a crosswalk, so there was a duty of care to reduce the speed for drivers of motor vehicles and to ensure the right and the right and the right of the vehicle, and to check whether there is a person who gets on the road, and to prevent the accident in advance.
Nevertheless, while the Defendant was under the influence of alcohol and proceeded as is, the Defendant found the victim G (the age of 22) who dried the crosswalk on the right side from the left side of the crosswalk and operated it rapidly, but did not avoid it, and was placed the victim at the right side of the Defendant’s passenger car.
Ultimately, the Defendant suffered injury to the victim, such as T1 and T12, which requires approximately 12 weeks of treatment due to such occupational negligence.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Report on the occurrence of a traffic accident, report on a traffic accident, report on the circumstances of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;
1. Each written diagnosis (G);
1. An accident scene photograph;
1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, an investigation report (verification of records of drinking driving), summary information of the case, and application of a copy of summary order under statutes;
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3(2)6 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Criminal Act concerning criminal facts.