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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The defendant is a person who has driven a motor vehicle from Chump to his/her duty.
At around 23:20 on July 24, 2014, the Defendant driven the above vehicle under the influence of alcohol level of 0.05% (0.065% applied to the Ramark) and driven the front road of Gwangjin-gu Seoul Special Metropolitan City along the flow of the flow distance between the 3-lane of the flow distance from the military and underground streets.
In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes well, and to prevent accidents.
Nevertheless, by negligence of neglecting it under the influence of alcohol, the defendant collisioned the victim E (the 44 years old) who illegally crossed from the right side of the defendant's proceeding to the right side of the driver's vehicle.
As a result, the Defendant suffered injury to the victim due to the above negligence during about 12 weeks of medical treatment, such as the escape of the check chain.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The actual condition of traffic accidents;
1. A report on the actual state of the driver;
1. A medical certificate;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act;
1. Of concurrent crimes, the sentencing guidelines do not apply as they are in the relation of concurrent crimes under the former part of Article 37, Article 38(1)2 and (2), Article 50 of the Criminal Act, that the defendant reflects his mistake, that there is no record of punishment exceeding the fine, and that there is no record of punishment beyond the fine, and that the recommended sentencing guidelines for the injury of traffic accidents in this case has not been set.
General traffic accidents (the injury caused by traffic accidents) shall be the basic area (from April to October, special mitigations; victims shall also be negligent in the occurrence of traffic accidents or the expansion of damage.