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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
The defendant is a person who is engaged in driving a B-Wood vehicle.
On December 1, 2012, the Defendant driven the said car under the influence of alcohol level of 0.107% on blood alcohol level around 03:58, and led to driving the said car using one lane among five-lanes from the surface of the bank, to the luminous 2nd intersection road in Gwangjubuk-gu, Gwangju, and the luminous Terminal.
At this point, the road has a center line of yellow-ray, so there was a duty of care to pay attention to the person engaged in driving business not to imprison the center line and to drive safely.
Nevertheless, the Defendant, while neglecting this, breathed the central line by negligence, and breathed the front part of the DNA taxi driven by the victim C(25 years old) (25 years old) who was driving in the opposite part of the breath, due to the shock of the Defendant’s driver’s vehicle.
Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim C, such as the knee bones, etc. in need of treatment for about six weeks, and injury to the victim E (the victim 40 years of age), who is the passenger of the victimized vehicle, for about six weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A three-dimensionals in writing, E-victims in writing, Me-victims in Me-2;
1. A survey report and a photograph of image recording devices (pathographs - Fable studs);
1. A report on detection of, and report on internal investigation into, a host driver (related to the application of the Radmark);
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);
1. Imprisonment with prison labor and imprisonment without prison labor for a violation of the Road Traffic Act concerning a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, respectively;