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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving a B Poter freight vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On May 2, 2017, the Defendant: (a) driven the above cargo vehicle around 17:00, while driving the light village of the 17-lane of the 17-lane 4-lane jun-gu, Goyangyang-gu, Goyang-si; and (b) driven the three-lane 17-lane 4-lane from the Myeonn-gu, the Civil Defense Education Office of Korea, at the Myeonn-gu, the Defendant caused the victim to the above-mentioned part of the Da 250cc Kao-gu, the Defendant, who was under the influence of alcohol concentration of 0.187% under the influence of alcohol during the blood, due to occupational negligence, which was unable to properly operate the brake, thereby making it difficult for the Defendant to properly operate the brake, thereby causing the victim to shock the front part of the said cargo vehicle with the front part of the said cargo, and causing approximately 3-day medical treatment and the stalle of the string.
2. The Defendant violated the Road Traffic Act (drinking driving) driving the B Poter truck with alcohol content of 0.187% under the influence of alcohol at a temporary location, such as Paragraph 1, at the same time as Paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of C’s statement;
1. A traffic accident report;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
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 concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., that the defendant is led to confession and reflect, that the defendant has no record of the same punishment as or heavier than that of the suspension of execution, and that the defendant's driver is covered
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;