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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. On June 13, 2016, the Defendant: (a) driven a DNA cargo vehicle under the influence of alcohol content of about 10km from the road near Dongdaemun-gu Seoul Metropolitan Government, to the front road of Mapo-gu Seoul Metropolitan Government, while under the influence of alcohol content of about 0.168%.
2. The Defendant is a person who is engaged in driving a DNA cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
The Defendant driven the above vehicle while under the influence of 0.168% alcohol level among blood transfusion at the time of paragraph 1, and proceeded at the speed of five lanes in front of Mapo-gu Seoul Metropolitan Government, from the north side of the riverside to the upper ambibly, one-lane of the five-lane roads in front of Mapo-gu Seoul Metropolitan Government. The Defendant left the right turn to the left turn.
In this case, a person engaged in driving service has a duty of care to check traffic signals and prevent accidents in advance by driving safely in accordance with traffic signals.
Nevertheless, the Defendant, while under the influence of alcohol, was in a difficult condition to drive normally, was driven by the Defendant, in violation of the signal of a stop signal which is not a left-hand signal but a left-hand turn to the left-hand turn at the intersection, and was driven along five lanes in accordance with the straight line from the right-hand turn to the right-hand part of the Defendant’s vehicle.
As a result, the Defendant caused the injury to the above victim, by negligence, such as dump dump, tensions, etc. which require approximately two weeks of medical treatment while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A traffic accident investigation report, a report on the detection of a driver involved in the primary driving, and a statement on the circumstances of the driver involved in the primary driving;
1. Investigative Report (Application of the above Dmark Form), Investigative Report (Purchase of Insurance Policy).