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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] The Defendant was issued a summary order of KRW 1 million by a common military court of the 37th common military court on November 12, 2007 to a fine of KRW 1 million due to a violation of road traffic law (drinking), and on May 31, 201, by the same court on May 31, 201, a fine of KRW 4 million due to a violation of road traffic law (drinking).
[Criminal facts]
1. The defendant is a person who is engaged in driving freight B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;
On September 1, 2018, the Defendant driven the above cargo while under the influence of alcohol content of 0.072% in blood around 15:35 on September 1, 2018, and led to a rapid decline in the number of houses located in the cultural Dong in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.
At the same time, the signal was installed in three-lanes, and in such a case, the person engaged in driving has a duty of care to safely drive according to signal and instruction.
Nevertheless, the Defendant, while under the influence of alcohol, has been negligent and there was a direction mark that a U-turn could be available at the time of a pedestrian signal and left-hand turn signal, conflict with the victim C (I, 30 years old) who was under the influence of a U-turning cultural distance from the surface of the Maambak cultural distance from the surface of the Maambaking culture distance, with the front side of the Defendant's cargo tank.
As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately two weeks of medical treatment, due to such occupational negligence.
2. Violation of the Road Traffic Act (drinking) driving a B truck under the influence of alcohol content of about 1k from a section of approximately 0.072% of alcohol concentration in blood, from the front of the modern apartment complex located in the Don-dong, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the long-distance road of the lake that is located in the Don-si, Chungcheongnam-si, Chungcheongnam-si.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. The actual survey report;