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A defendant shall be punished by imprisonment for one year.
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 01:50 on August 25, 2015, the Defendant driven the said car under the influence of alcohol concentration of 0.227% from the main edge of the “combridge” located in the Geum-gu, Busan, Geum-gu, Busan to the normal distance of the bank located in the Geum-gu, Busan.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (AD) and the Road Traffic Act (U.S.A.) are those engaged in driving a benz car.
On August 25, 2015, the Defendant driven the said car under the influence of alcohol as set forth in Paragraph 1, which led to the driving of the said car at a speed of about 30 km from the direction of the Gu Seom subway Station to the 'D' point in the Geum-gu, Busan.
At the same time, the Defendant was a one-lane road at night, and there is a duty of care to keep the safety distance from being driven by the victim E (the 60-year-old) prior to the same direction, and as such, the Defendant had a duty of care to keep the person engaged in driving service with the safety distance that can avoid when the said taxi reduces the speed.
Nevertheless, under the influence of alcohol, the Defendant was negligent and tried to overtake the taxi while driving the taxi while lowering the speed, and by negligence, the Defendant was the fronter of the car driving by the Defendant, even before the left side of the said taxi.
Ultimately, the Defendant suffered injury, such as scopical salt, etc., to the victim for about two weeks of medical treatment due to occupational negligence as above, and at the same time, 1,623,642 won of repair expenses were destroyed to the said taxi and escaped without taking necessary measures, such as immediately stopping the said taxi and providing relief to the victim.
3. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a passenger car at Benz.
Defendant around 01:50 on August 25, 2015.