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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On October 22, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) driven a BM5 car with a blood alcohol concentration of 0.156% at around 16:00 and proceeded at a speed of about 50km per hour at the speed of about 50km from the long distance at the boundary of the bank office in the same sea with a one-lane road located in Gyeongsung-gun, Gonam-gun, Gonam-gun, Gyeongnam-gun.
At the time, the defendant was driving a one-lane road on the right side, so in such a case, the driver of the motor vehicle had a duty of care to safely drive the road by accurately manipulating the front side and the right and the right and the right and the right and the right and the right and the right and the right and the right and the steering system.
Nevertheless, by negligence, the Defendant neglected this and fell down on the upper right side of the passenger car of the Defendant after receiving the utility model on the right side of the Defendant’s car.
As a result, the Defendant suffered injury, such as a ductal body flasing, accompanied by a non-alley to the victim E (the age of 31) who was accompanied by the Defendant’s car by the foregoing occupational negligence, for about 10 weeks of treatment.
2. Around 16:00 on October 22, 2014, the Defendant driven a BM5 vehicle while under the influence of alcohol of about 0.156% in a section of about 30km from the front of the Defendant’s house located in F in the Sinnam-si, Gyeongnam-gun, Gyeongnam-gun, to the front of D in the direction of Gonam-gun.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. The actual condition survey report;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. A medical certificate;
1. Investigation report (related to the final drinking time and the application of the Badmark);
1. A written agreement;
1. Application of the photographic Acts and subordinate statutes;
1. Relevant Article 3 (1), the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the imprisonment without prison labor and the choice of imprisonment, respectively, concerning the crime;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;