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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for 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 a BM3 car.
On May 24, 2019, the Defendant driven the said car under the influence of alcohol level of 0.229% on blood alcohol level around 20:50 on May 24, 2019, while driving the said car, and driving the front road in Kimhae-si C from the outer side of the road, Gimhae-si IIC.
In this case, a driver of a motor vehicle has a duty of care to live well on the front side and the right side and the right side of the motor vehicle, and drive safely and prevent the accident by safely operating the steering gear.
Nevertheless, the Defendant neglected this and neglected so-called so-called “breath” as above, and driven the said vehicle in a state of difficulty in normal driving due to the influence of drinking, such as a large width of walking, red, etc., due to the negligence of driving the vehicle, and the victim E (the age of 43) who temporarily stopped at the time to enter the direction of the Defendant’s right-hand line from the side of the deaf-ri in the state of Jeju, the part of the fNAS in front of the said SM3 car.
Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as salt dynasium, tension, etc., which requires approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Report on the occurrence of a traffic accident, a traffic accident actual condition survey report, an accident site photograph, and black stuff images;
1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for each term of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Order to attend a lecture and order to attend a lecture;