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A defendant shall be punished by imprisonment for one year.
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 the B-learning passenger car.
On March 4, 2019, the Defendant driven the said car under the influence of alcohol level of 0.157% on blood alcohol level around 21:00, and became to turn to the left from the surface of D to the south mountain distance at the intersection of the building Asan City, Asan City.
At the time, it is an intersection where traffic is not controlled at all times, and in such cases, there is a duty of care to confirm whether another vehicle is going straight or right-hand at the said intersection by reducing speed and properly examining the left-hand left-hand, and then to prevent the accident in advance by driving the vehicle.
Nevertheless, when the Defendant was negligent due to the negligence of entering the intersection without reducing speed due to his negligence, the Defendant got the front part of the E-driving car, which was left right from the left side of the direction of the Defendant’s running, into the front part of the E-driving car, and the victim G (50 years old) where the said car was cut back at 180 degrees and was on the right side of the said car due to the shock, was placed on the back part of the said car.
As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury such as an external blood transfusion that requires about 20 weeks medical treatment to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of the occurrence of E traffic accidents;
1. Report on a traffic accident, report on the occurrence of a traffic accident, description of the accident, and photograph of the accident site;
1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Selection of Punishment, etc., and the former Road Traffic Act;