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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
around 14:40 on February 5, 2019, the Defendant was driving at a point 24 km from the Daegu Port Highway, Daegu Port Road, which is located in the Sacheon-si, Sacheon-si, Sacheon-si, with the blood alcohol concentration of 0.137%, and led to the flow of the Bstststst Pacific Cargo Vehicle, which is under the influence of alcohol level of 0.137% at the point 24 km, along the two-lanes from the port of the port of the
At the time, the defendant's vehicle was driven by the victim C(n, 52 years old) in front of the defendant's vehicle, so in such a case, the defendant engaged in driving service has a duty of care to safely operate the steering gear by reducing speed and accurately manipulatinging the steering direction and operating the steering gear by living well at the right and right.
Nevertheless, the Defendant neglected to do so under the influence of alcohol and proceeded in the same way, followed the part of the damaged vehicle in front of the Defendant’s vehicle.
As a result, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as cryp dump, which requires approximately two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. C’s statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Each photograph: Accident site, vehicle, etc.;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article applicable to criminal facts;
(a) Injury caused by occupational negligence: Article 3 (1), proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;
(b) Point of driving under the influence of alcohol: Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);
1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a sentence of imprisonment without prison labor shall be imposed, and as to the crime of violation of the Road Traffic Act, a sentence of imprisonment shall be imposed;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;