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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
Criminal facts
1. On October 23, 2015, the Defendant: (a) driven C SP car under the influence of alcohol concentration of about 0.103% in the section of about 5km from the front of a restaurant located in the same dong-ri, Myeong-ri, Sung-gun, Jin-gun, Chungcheongnam-do, to the front of the sublim village in the same Myeongsan-ri.
2. On October 23, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven a CSP car at CSP on the 22:10 on October 23, 2015, and led the Defendant to proceed to the east of the east Sea at the intersection of a three-lane distance, located outside the west-gun, west-gun, west-gun, west-gun
At the same time, the police officers belonging to the D police station were on duty to reduce the speed to those engaged in driving service and accurately manipulate the steering direction and brake system to prevent the accident in advance.
However, under the influence of alcohol level 0.103% while driving the said vehicle under the influence of alcohol, the Defendant avoided the police officers to avoid drinking control while driving the said vehicle, and immediately left to the left from the above three-distance to the high-speed side of the victim E ( South, 19 years old) who was an auxiliary police officer having set up the said vehicle at the above three-day distance, followed the victim into the right edge of the said vehicle by turning the victim into the lower right edge of the said vehicle, and sustained the victim with approximately two weeks of alcohol level, and suffered the victim’s injury by the dump and the tension.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Statement of the circumstances of the driver involved and report on the detection thereof;
1. A medical certificate;
1. A written agreement;
1. Application of the photographic Acts and subordinate statutes;
1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence), Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning criminal facts.