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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
1. On August 2, 2018, the Defendant driven a B-to-pubed car with approximately 1k alcohol concentration of 0.235% in blood alcohol level from around the 22:20-round the roads near Gwangju Dong-dong-dong to the roads adjacent to the Gwangju medium-dong in Gwangju medium-dong, while under the influence of alcohol by 0.235%.
2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a motor vehicle with detached motor vehicles from B.
On August 2, 2018, the Defendant driven the said car while under the influence of alcohol content 0.235% during blood transfusions on August 2, 2018, and led to the intersection of Gwangju Island in the 330-ro, Seo-gu, Gwangju (Jungdong) to the flow of the new line from the old Viewing side.
At the time, there was a vehicle stopping on the front side of the defendant at the time, and thus, the driver had a duty of care to safely drive the vehicle by returning the front left and right well and right well and lowering the speed.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the victim C(52) driving while stopping at the front section of the Defendant’s vehicle due to the negligence of neglecting it, and received the part of the Defendant’s vehicle behind QM3 driving.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Suspension of execution;