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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 car by borrowing B.
On September 12, 2016, at around 20:10, the Defendant driven the above vehicle under the influence of alcohol of 0.197% of the 102 side of the Mool Village Apartment apartment located in the Seosan-dong, Daejeon Seodong, and the blood alcohol concentration of 0.197%, and led to the two-lane distance from the 5th side of the Mool Village Apartment apartment complex to the 102-lane ahead of the 102-lane.
Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to accurately operate steering gear, brakes, and other devices, and to safely report the traffic situation and safely drive it in order to prevent accidents in advance.
Nevertheless, the Defendant was negligent in driving while under the influence of alcohol while normal driving is difficult due to the negligence of the Defendant, and the part behind the driving of the victim C (V, 45 years old) who was stopping in the atmosphere of the signal prior to the collision was behind the Defendant’s vehicle.
As a result, the Defendant driving a motor vehicle under the influence of alcohol that makes it difficult for the Defendant to drive the motor vehicle normally, and suffered from the injury of the left-hand salt, etc., such as the left-hand salt, which requires a medical treatment for about two weeks, and suffered from the injury of the damaged motor vehicle E (V, 63 years of age), such as climatic salt, which requires a medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. C and E written statements;
1. The survey report on actual condition, photographs, the report on the proper launch of a drinking driver, the report on the actual state of a drinking driver, and the report on the results of the crackdown on drinking;
1. Application of Acts and subordinate statutes to the investigation report;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Aggravation for concurrent crimes;