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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On June 13, 2008, the Defendant was sentenced to imprisonment with prison labor for the violation of the Road Traffic Act at the Changwon District Court on April, 2008, and on July 8, 2010, by the Changwon District Court on May, and August 16, 2012, at the Changwon District Court on August 16, 201, for six months, respectively.
【Criminal Facts】
The Defendant is a person engaging in driving a motor vehicle B.
On September 16, 2018, at around 08:20, the Defendant driven the said car while under the influence of alcohol of 0.127% of blood alcohol level, and led to the front of the Gimhae Road, which is located in 953 as Kim Jong-si, to drive the said car in the direction of the C driving school.
At this point, there was a passenger car waiting for signal to the left-hand side of the driving direction, so there was a duty of care to safely drive the vehicle, such as keeping the front left-hand by the driver and accurately operating the brake system.
Nevertheless, in order to make a left-hand turn while under the influence of alcohol, the Defendant got off the right-hand part of the victim D(60 years of age) driving, Ebenz E20 Blent E20 Blent TEC car, followed up to the right-hand part, and followed up to the right-hand part of the Defendant’s car.
Ultimately, the Defendant, by occupational negligence, sustained the victim’s bodily injury, such as salt panions, etc., which requires approximately two weeks of medical treatment, and suffered injury to the same victim F (F, female, 56 years of age) who was on the top of the steering force of the damaged vehicle for about two weeks. A person who violated the provision on the prohibition of drunk driving at least two times, driving a motor vehicle under the influence of alcohol in violation of the said provision again.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual condition survey report;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Each written diagnosis;
1. Photographs of the accident site;