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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around June 11, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) driven a blater under the influence of alcohol by 0.174% of the blood alcohol concentration at approximately 1.5 km from the vicinity of the Geumdong-dong, Eunpyeong-gu, Seoul to the Eunpyeong-gu, Eunpyeong-ro, Seoul to the 248 Maamamambro market distance.
2. On June 11, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol 0.174% by driving a car as stated in paragraph (1) while under the influence of alcohol 0.174%, and continued to turn to the left from the side of the hospital in Eunpyeong-gu Seoul Metropolitan City.
In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle according to the signals indicating the signal, etc. by checking the front side in good condition, as well as to not drive the motor vehicle in a state where normal driving is difficult due to influence of drinking.
Nevertheless, the Defendant neglected this and failed to keep the signal well, and was driven by the victim D(the age of 45) who was proceeding in accordance with the straight-on signal at a right-hand turn-hand turn-over direction due to the negligence of left-hand turn-hand turn-hand turn-on to the straight-on signal, and received the left-hand turn-hand turn-on of the EM5 car driving by the eM5 car.
As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dump, tensions, etc. in need of treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition of traffic accidents;
1. A report on the actual state of the driver;
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 as to the crime and Article 5-11 of the former Road Traffic Act on the Aggravated Punishment, etc. of Specific Crimes, and Act on December 24, 2018.