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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving a sports bus with CEX words, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving).
On December 8, 2017, the Defendant driven the above passenger vehicle with alcohol content of 0.135% while under the influence of alcohol in blood around 20:37, and continued to drive the above passenger vehicle in front of the toilet side in the waste landfill site located in Jinju-si.
At the time, a person engaged in driving of a motor vehicle at night is prohibited from driving a motor vehicle under the influence of alcohol, and there was a duty of care to properly look at the right and right, such as whether there is a pedestrian in the surroundings, and to prevent an accident by driving a motor vehicle safely.
Nevertheless, the defendant did not discover the victim D(76) who walked to the right side from the left side of the running direction of the defendant due to the influence of drinking, such as crossing a road, and even though it is difficult to drive in a normal state such as a large distance, due to the negligence that the defendant neglected to drive in the front direction, and did not find out the victim D(76) who walked to the right side from the left side of the running direction of the defendant, and suffered the victim from the injury of the victim, such as the blood transfusion out of the external thropulation for about eight weeks medical treatment.
2. The Defendant violated the Road Traffic Act (drinking driving) driving a EX fri-sports car under the influence of alcohol content of about 0.135% in a five-meter range of time and place indicated in the preceding paragraph.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site photographs;
1. CCTV images;
1. A report on the detection of a primary driver;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. A medical certificate;
1. Application of Acts and subordinate statutes to a report on investigation (with respect to attachment of a victim’s statement);
1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning the crime;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.