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A defendant shall be punished by imprisonment 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
1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B Rabala and cargo vehicles.
On December 6, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.113% in blood at around 22:05, while driving the said vehicle, and driven the shooting distance at the entrance of the Seoul located in the front of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, at the speed of about 21km per square hour from the ebbs of salary basin to the ebs of the five-lanes.
Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by driving safely according to traffic signals to those engaged in driving service.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in entering the intersection of the red signal in violation of the signal and suffered injury, such as brain dynas, which requires approximately three-day medical treatment on the part of the victim D(74) driving, who was left from the shooting distance of the Mamamad Sa to the Seoul National University. The chief part of the right-hand part of the victim D(74) driving, who was driven by the Defendant’s driver, was driven by the front part of the freight vehicle, and got about six-day medical treatment on the part of the Defendant’s driver, and suffered injury to D such as a brain dynas, etc., which was driven by the victim F(n, 69 years of age) who was on board the Rati vehicle, for about three-day medical treatment.
2. On the day and day from the day specified in paragraph 1, the Defendant was driving a Raba truck with alcohol content of 0.113% in blood at approximately 2km from the vicinity of the Y-gu Seoul Special Metropolitan City to the place indicated in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on traffic accidents and reports on occurrence of traffic accidents;
1. A written statement on the occurrence of D traffic accidents;
1. A certificate of drinking alcohol measurement and a report on the detection of a main driver;
1. Investigation report (videos of black stuffs);
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Traffic Act concerning facts constituting an offense, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act (the point of drinking);