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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. Around 05:50 on July 16, 2018, the Defendant driven a Cpoter II truck under the influence of alcohol content of about 0.167% from the 278 km-ro, Seo-gu, Gwangju, Seo-gu, Gwangju, to the front road of the Sejong apartment complex.
2. The defendant is a person who is engaged in driving of a vehicle CPoter II in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
On July 16, 2018, the Defendant driven the above cargo while under the influence of alcohol 0.167% in blood, as stated in paragraph (1) of the same Article, and led the front of the apartment to the e-mail of 278 Gwangju Seo-ro, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, to the intersection of the e-ray terminal from the luminous rock bank.
Since there are many vehicles and traffic volume, and traffic signals were installed, there was a duty of care to prevent accidents in advance by driving safely, such as seeing the front door and accurately operating the brakes.
Nevertheless, the Defendant, while driving while under the influence of alcohol and neglecting it, was employed by the victim D(57 S) who stops for the signal waiting due to negligence, by driving the vehicle in front of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of approximately two weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. A medical certificate;
1. A written appraisal of alcohol during blood;
1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.