Text
A defendant shall be punished by imprisonment for six 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
At around 02:00 on February 23, 2019, the Defendant driven approximately 6.1km from the front side of the “D” way in Ansan-si, Gyeonggi-do to the front side of the mountain station located in Ansan-si, Seoul to the end of the mountain station located in 462 as the center of the same Gu, and driven around 6.1km in front of the Ansan-si.
At the time, there was a night, and there was a vehicle in the atmosphere signaled at the front door, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely check the front door and the left and right while under the influence of alcohol.
Nevertheless, the Defendant neglected this, while driving a blood alcohol level of 0.137%, caused the FK5 car of the victim E (the age of 29) driving in the signal atmosphere in the front of the road by negligence without putting the front bank in the influence of alcohol level of 0.137%, and caused the victim G (the age of 65) driving in the front of the vehicle to be pushed down in the front of the vehicle.
Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim E, such as salt ties and tensions, which requires approximately two weeks of medical treatment, and the injury to the victim G, such as spawn spawn for about three weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to G and E;
1. A traffic accident report;
1. Photographs of the accident site;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. The provisions of Articles 40 and 50 of the Criminal Act (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents).
1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act, in the option of punishment;