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1. The defendant shall be punished by imprisonment for four months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
1. On June 18, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 22:20:20, operated a C observer car, and led the Defendant to proceed along three-lanes of the four-lanes from the boundary of the reservoir at the Hacheon-dong, Seo-gu, Gwangju, along the intersection where the lower signal, etc. is installed.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to observe the signal while under the influence of alcohol and safely drive the motor vehicle.
Nevertheless, the Defendant neglected to do so and caused injury to the victim, such as crums and tensions that need to be treated for about two weeks on the right side of the Defendant’s vehicle, following the right side of the victim D(33 years old) driving, which was left left to the left in accordance with the new code, from the girth of the Standing Zone due to occupational negligence, even though the electric light signal was red, while under the influence of alcohol content 0.170%.
2. Around 22:20 on June 18, 2015, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.170%, and the Defendant driven a Cobserver car from the 5km section to the lower road of the lower road of the lower road of the Hatro-ri, located in the Southern-gu Yaero-gu, Gwangju to the lower road of the lower road of the Hatro-dong located in the Seo-gu, Gwangju.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of Acts and subordinate statutes, such as photographs, actual condition survey reports, circumstantial statements of the drinking driver, reports on detection of the drinking driver, and medical certificates;
1. Article 3 (1) and the proviso to Article 3 (2) and (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.