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A defendant shall be punished by imprisonment for not less than eight months.
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
On August 28, 2016, the Defendant is a driver of TraXG car, driving the said car under the influence of alcohol level of 0.217% at around 08:00, and driving it along the three-lanes in front of the exit area located in the 534 U.S. Suwon-gu, Busan, with three-lanes in front of the exit area located in the 534 U.S. from the south-dong bank.
At the time, there was a D-hurd-hurd-hurged car operated by the signal C in the front section of the day, so in such a case, the driver of the motor vehicle has the duty of care to keep the vehicle from the accident, such as viewing the front section properly to the person engaged in driving the motor vehicle and operating the brake accurately and safely.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving in a state where normal operation is difficult, such as influoring and smelling in the entrance, and not operating the brakes properly, and received the rear part of the said TraXG car as the front part of the said TraXG car.
The Defendant, while driving the said car in a situation where normal operation is difficult as above, suffered injury to the victim E (the age of 66) who won the said car from the said car, such as “finites and tensions,” which require approximately two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. Application of Acts and subordinate statutes to traffic accident reports (1) (2) actual condition survey reports, report on actual condition of a driver, report on actual condition of a driver, and medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the crime, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime; and
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);
1. Order to attend lectures or order to provide community service;