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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
[criminal power] On May 28, 2010, the Defendant was sentenced to a fine of two million won or more for a violation of the Road Traffic Act at the Suwon District Court on May 28, 201, and a summary order of 1.5 million won or more for the same crime at the same court on November 2, 2007.
【Criminal Facts】
1. On March 6, 2014, around 04:25, the Defendant: (a) driven a B-hand car under the influence of alcohol with a blood alcohol content of 0.165 percent from the front of a water storage store located in the wife population, Kim Quantity-dong, Tae-si to the front of a main apartment located in the Han-si Station North-dong, Young-si.
2. The Defendant in violation of the Traffic Accident Settlement Act is a person who is engaged in driving of a vehicle B with low investment vehicle.
On March 6, 2014, at around 04:25, the Defendant, while under the influence of alcohol, driven the said car at a speed of 20 kilometers per hour in the direction of one-way apartment in the central district, on the road where no one is the front line of the said main apartment.
In such cases, the driver has a duty of care to safely drive the steering gear, brakes, and other devices on the part of a person who is engaged in driving, because he/she is a road without a lane, and thus, he/she has a duty of care to safely drive by checking whether there is a vehicle driving on the front side by viewing the traffic situation.
Nevertheless, the Defendant neglected to perform his duty at the front of the passenger car operated by the injured party C(the age of 41) who was negligent in neglecting his duty at the front of the passenger car with Drano five tons in front of the right part of the freight vehicle.
As a result, the Defendant suffered injury to the above victim due to the occupational negligence, such as salt, requiring medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The actual condition of traffic accidents;
1. The circumstantial report of an employee;
1. A medical certificate;
1. Previouss before ruling: Criminal history records, investigation reports, and investigation reports;