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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. The Defendant is a person who is engaged in driving a car in Ctiballa in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
On July 5, 2018, the Defendant driven the said car while under the influence of 0.106% alcohol during blood transfusion 22:00, while proceeding two lanes in front of the E cafeteria located in the south-gu, Seoul at the port of port, along the two lanes in the direction of the well-beingururury in the direction of the cU Do.
In this case, there was a duty of care to prevent accidents in advance by safely driving motor vehicles, such as checking the left and right of the front, checking the movement of pedestrians and motor vehicles in the vicinity, and accurately operating the steering system.
Nevertheless, under the influence of alcohol, the Defendant did not find out the victim F (66 years old) who walked back the side road from the right side of the vehicle in the direction of the Defendant’s driving, and did so, due to the negligence of the Defendant’s driving, caused the victim to go beyond the road by receiving the part of the victim’s buckbucks in front of the car.
As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the withdrawal from the right spons to the right spons, and the sponsing of spons, which require approximately ten weeks of treatment.
2. Defendant 1 driven a car at approximately 500 meters away from H in the south-gu G at port to the place of the accident described in the above paragraph 1, while under the influence of alcohol level of 0.106% among the blood transfusions at the time specified in the above paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Statement report on the circumstances of a driver driving a drinking, notification of the results of crackdown on drinking driving, and investigation report on the actual condition of traffic accidents;
1. Application of Acts and subordinate statutes to an accident scene photograph and diagnostic certificate;
1. The injury caused by occupational negligence in the relevant legal provisions concerning the crime: Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents shall be applicable.