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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
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 Maz car;
On July 23, 2015, at around 15:35, the Defendant driven the said car under the influence of alcohol concentration of 0.29% by driving the said car in the direction of alcohol concentration in the south-gu Incheon Metropolitan City, and proceeded two lanes, one of three lanes, one of which is about 40km from the surface of the new flag market distance.
In this case, there was a duty of care to prevent accidents by accurately operating the steering gear and steering system with a person engaged in the driving of motor vehicles.
Nevertheless, the Defendant neglected this and was negligent in driving so that the victim D (the age of 30) who was under the same direction while driving a signal stop in the same direction due to the negligence that the Defendant was under the influence of alcohol and received the part behind the vehicle driving in front of the Defendant.
Ultimately, the Defendant caused damage to the victim D’s bridges that require approximately two weeks of treatment to the victim D due to the foregoing occupational negligence, and that the Defendant suffered damage to the bridges that require approximately two weeks of treatment to the passenger F (V, 33 years of age) of the damaged vehicle, and that the victim G (V, 6 years of age) was in need of approximately two weeks of treatment.
2. On the date and time set forth in paragraph 1 of this Article, the Defendant was driving Category B Maz car while under the influence of alcohol content 0.29% from the Nam-gu, Incheon to the south-gu, Nam-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A written statement;
1. A report on initial action at the scene of a traffic accident, and a report on a traffic accident;
1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning the crime.