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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
1. Around 04:35 on February 2, 2016, the Defendant driven a B-learning car under the influence of alcohol with approximately 3km alcohol content of about 0.191% from the 3km section to the front road of 1530-2, from the 1082-ro of the Geumyang-gu, Jinyang-gu, Jinyang-si, the Namyang-do.
2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a B-learning car.
On February 2, 2016, the Defendant driven the said car under the influence of alcohol as set forth in paragraph 1 of around 04:35 on February 2, 2016, and continued to drive it from the side of Seoul to the pocheon-do along the intersection of 1530-2, an intersection in the Geumyang-si, Jyang-si, Namyang-si.
Since there was an intersection where signal apparatus was installed, there was a duty of care to prevent accidents in advance by safely driving the vehicle in accordance with the signals by reducing speed and properly examining the right and the right of the vehicle driver.
Nevertheless, the Defendant neglected this and received the left-hand part of the victim C(73 tax) who was driven by the Defendant at the right-hand turn from the apartment on the side of the due luminous apartment site, in violation of the signal while driving under the influence of alcohol and the vehicle stop signal as above, from the front-hand part of the Defendant’s car.
Ultimately, the Defendant suffered, by the above occupational negligence, the injury of the victim C, such as a duplicating fys, in which approximately 6 weeks of medical treatment is required, and the injury of the victim E (V, 68 years of age) who was accompanied by the said taxi, in which approximately 4 weeks of medical treatment is required for approximately 6 weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A survey report on actual conditions;
1. Inquiries about the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes of each written diagnosis to C and E;
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, proviso to Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts.