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A defendant shall be punished by imprisonment for not less than eight 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
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle for BM5 riding (hereinafter “Defendant vehicle”).
On March 18, 2018, the Defendant driven the Defendant’s vehicle under the influence of alcohol level of 0.127% during blood alcohol level at around 22:00, and proceeded to turn to the left from the front of the D pharmacy located in the Chungcheongnam-gun of Chungcheongnam-gun to the front of the D pharmacy at the seat of the 119 Safety Center at the front of the Taiwan 119 Safety Center.
At this point, there is an intersection without a signal, and a crosswalk is installed, so a person engaged in driving service has a duty of care to look at the crosswalk as well as to accurately manipulate the steering direction and brakes to prevent accidents due to smoke, by making it possible for a person engaged in driving service to make a left-hand turn, and by temporarily stopping the crosswalk.
Nevertheless, the Defendant neglected this and proceeded to the left as it was, due to the negligence of the Defendant, caused the victim E (the age of 56) to walk the crosswalk at the seat of D pharmacy from the 119 Safety Center room of the 119 Safety Center, and the Defendant shocked the front part of the Defendant’s vehicle to the front part of the Defendant’s vehicle, thereby causing approximately 6 weeks of injury to the victim, such as the right slelebble, the sleble, the front part of the right
2. The Defendant violated the Road Traffic Act (drinking) driving a BM5 vehicle under the influence of alcohol leveling 0.127% in a section of about 50 meters from the G cafeteria, which is located in the G cafeteriaF in the front of the D pharmacy located in C at the border of the day indicated in the preceding paragraph, to the front of the D pharmacy located in C.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A survey report on actual conditions;
1. Notification of the results of regulating drinking driving;
1. CCTV images;
1. Application of Acts and subordinate statutes (E);
1. Relevant Article 3 (1), the proviso to Article 3 (2), Article 3 (6) and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and practical occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking alcohol and the choice of imprisonment with prison labor) concerning criminal facts;
1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;