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A defendant shall be punished by imprisonment with prison labor for not more than ten 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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "Aggravated Punishment, etc.") by the Defendant is a person engaged in driving a car with a horse at C.
On March 25, 2018, the Defendant operated the above car at around 06:20, and proceeded with the national highway No. 179-346 in the Cheongyang-gun, Gyeonggi-si, in the two-lanes between the Ganyang-si and the southyang-si.
At the right edge of the road, the victim D (20 3) and the conduct thereof are coming to the direction of the defendant's proceeding, so the person engaged in the business of driving a motor vehicle has a duty of care to properly manipulate the steering gear and prevent the accident by properly manipulating the steering gear.
Nevertheless, under the influence of alcohol, the Defendant was under the negligence of neglecting it and received the victim on the right side in front of the passenger car driving of the Defendant.
Ultimately, the Defendant, due to the above occupational negligence, escaped without taking necessary measures, such as immediately stopping, even if the Defendant inflicted an injury on the victim, such as the 2nd part of the left-hand body 8 weeks of treatment, on the part of the victim, such as the 2nd part of the double-sar sarke,
2. On the date and time set forth in paragraph 1, the Defendant: (a) driven a car as indicated in Paragraph 1, while under the influence of alcohol content of approximately 0.134% in a section of about 60km from the Gannyang-si Gan-ri, Gyeonggi-do, to the Rain apartment parking lot located in approximately 65-2, Namyang-si, Namyang-si, Namyang-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Reporting on the occurrence of a traffic accident;
1. Notification of the results of crackdown on drinking;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Articles 148-2(2)2 and 44 of the Road Traffic Act.