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A defendant shall be punished by imprisonment for six 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
The defendant is a person who is engaged in the operation of Cunst Motor Vehicles.
On January 31, 2016, the Defendant driven the said car with a alcohol level of 0.085% 0.085% from blood alcohol level around 06:15, and proceeded two-lanes according to the speed between the south-dong Office, Nam-gu, Incheon, and the road of 1-lane 4 lanes in front of the south-dong Office, Nam-gu, Incheon.
In such cases, the driver has a duty of care to confirm the safety of the course and prevent the occurrence of an accident by checking well the right and the right of the driver.
Nevertheless, the Defendant was negligent in driving while driving a scam while under the influence of alcohol, and was driven by the victim D (51 S) who was parked in the signal waiting in front of the Defendant’s passenger car, and was driven by the Defendant as the front part of the car driven by the Defendant.
Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as salt, tensions, etc. in need of approximately two weeks of treatment, and suffered injury to the victim F (55 years of age) who is a passenger of Lone Star Car, including salt, tensions, etc. in need of approximately two weeks of treatment, and escaped without taking necessary measures, such as providing relief to the victims, even after destroying and stopping the said Lone Star Car to cover repair costs of KRW 2,729,158.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A written statement;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. A survey report on actual conditions;
1. A medical certificate;
1. Application of the Acts and subordinate statutes of each and written estimates;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the pertinent criminal facts, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Article 148 of the Road Traffic Act (the point of non-measures after damage) and Article 148-2 of the Road Traffic Act.