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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years and six months from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).
On August 21, 2018, the Defendant driven the above car on August 21, 2018, and proceeded along the two-lanes between the two-lanes of the two-lanes between the two-lanes from the projected side of the tunnel to the Western IIC and the two-lanes of the two-lanes.
At the same time, there was a duty of care to prevent accidents in advance by properly manipulating the steering direction and brake system of the vehicle and properly manipulating the steering direction and the steering system of the vehicle.
Nevertheless, the Defendant neglected to do so, and was negligent in proceeding while under the influence of alcohol 0.059%, and received the back portion of the victim C's low-speed car in the front of the Defendant's low-speed car in the front bank.
As a result, the Defendant suffered injury to the victim C, such as fluoral salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.
2. The Defendant violated the Road Traffic Act (driving a sound driving) in a manner under the influence of alcohol by 0.059% in blood alcohol concentration at the section of about three kilometers from the roads near the Geum River basin located in the Geumdong-gu Seoul Metropolitan City, Sung-nam-si, to the above Lee Jong-dong.
Summary of Evidence
1. Defendant's legal statement;
1. C's statement on the occurrence of traffic accidents;
1. Report on the occurrence of a traffic accident;
1. On-site photographs;
1. Notification of the control of drinking driving;
1. Application of Acts and subordinate statutes of the Medical Certificate (C);
1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving while driving a motor vehicle);
1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Punishment, imprisonment without prison labor or the Road Traffic Act;