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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a Brane car.
On March 28, 2015, the Defendant driven the said car while under the influence of alcohol of 0.117% in blood alcohol concentration around 21:50, and proceeded with the intersection of the NAFF in the Dong-U.S., Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the U.S., along the two-lane distance distance from the U.S., to the ec.g., the two-lanes.
At the time of the defendant's front time, D Launa car driven by the victim C(63 years old) stops in the signal atmosphere, so a person engaged in driving a motor vehicle has a duty of care to check the safety of the course by checking well the right and the right of the front and the right and the right of the vehicle and to proceed safely.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and led the victim to the above part of the victim's launa car following the launa car.
Ultimately, the Defendant suffered injury to the victim, such as catum salt in need of treatment for about 10 days by negligence in the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. C’s statement;
1. The application of Acts and subordinate statutes, such as a traffic accident occurrence report, a survey report on actual condition, an accident site photograph, an investigation report on the results of the crackdown on drinking driving, a report on the circumstantial statement of a drinking driver, and
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the point of causing bodily injury by occupational negligence, the choice of imprisonment without prison labor);
2. From among concurrent crimes, the penalty provided for in the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act [limited to the maximum of the punishment provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents, whichever is heavier, shall be applicable] among concurrent crimes;
3. The punishment shall be imposed by imprisonment.