Text
A defendant shall be punished by imprisonment for not more than ten 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 driving CK5 cars.
On October 18, 2015, the Defendant driven the said car under the influence of alcohol content of 0.112% among the blood transfusion around 04:30 on October 18, 2015, and led the Defendant to drive the said car into the front intersection of the Song apartment complex in Daejeon East-gu, Daejeon to the direction of the 4 complex of the East Home Plus.
At that time, the speed limit is 50 km per hour, and at that time, the Defendant was operated as a yellow on-and-off signal in the direction of running, so in such a case, a person engaged in driving a motor vehicle has a duty of care to ensure the prevention of accidents by complying with the speed limit and by properly examining whether there is another motor vehicle entering the two-way lane while driving a motor vehicle at the right and right and right and right and right and right and right and right and driving a motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at a speed of at least 120 km per hour exceeding an average speed of 70 km, and the Defendant got the front portion of the Defendant’s instant car by the Defendant’s front portion of the victim D(W, 52 years old) driving, which entered from the apartment side of the apartment complex to the intersection in accordance with the red fladon signals, due to the negligence of driving at a speed of at least 120 km per hour.
Defendant 1 suffered approximately eight weeks from her occupational negligence to the victim with no open address in two cases, which requires approximately eight weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Investigation report (as to the result of appraisal at the speed of the vehicle being inspected);
1. A traffic accident report;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Inquiries about the results of crackdown on driving alcohol;
1. Response to a request for appraisal;
1. A medical certificate;
1. Application of Acts and subordinate statutes governing accident scene photographs;
1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3(2)3 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(2)2 and 44 of the Road Traffic Act.