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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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a FMaz car.
On September 17, 2014, at around 04:20, the Defendant: (a) driven the said vehicle with a blood alcohol level of 0.216% in a condition that it is difficult to drive the vehicle normally, and was driving on the national highway No. 56 at the time of strike to the parallel intersection from the parallel intersection on the salary-day side according to the letter three-lanes; (b) neglected the Defendant’s duty to stop in the parallel parallel; (c) caused the Defendant’s negligence on the part of the bicycle driven by the victim G (29 years old) who was driving in the parallel of the said vehicle, while driving the said vehicle from the parallel intersection on the right side of the said vehicle for about three months.
2. Around 04:20 on September 17, 2014, the Defendant driving a Maz car at approximately 1.5 km from the road front of the Geumne Station, which is under the influence of alcohol with a blood alcohol concentration of 0.216%, to the place of the accident.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. A written statement of the G victim;
1. The actual condition survey report;
1. A report on the actual status of a host driver;
1. On-site photographs;
1. Application of Acts and subordinate statutes, such as written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
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. Even though the first type of ordinary traffic accident (eight to one year and six months) is aggravated (the injury caused by traffic accident), it causes a traffic accident resulting in the victim's injury while driving under drinking alcohol while driving under the influence of alcohol even though the first type of traffic accident was aggravated (eight to one year and six months), the sentence of the reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act.