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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 PEIM110cc motor bicycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
On April 7, 2017, the Defendant driven the bicycle under the influence of alcohol content of 0.174% in front of the E convenience store located in Do Government-si, 00:18, while driving the bicycle along the same in front of the blood alcohol concentration of 0.174% on the e-mail, and proceeded from the intersection of the new village to the intersection of the missionary work.
A person engaged in driving service shall not drive under the influence of alcohol, and has a duty of care to prevent accidents in advance by driving safely by checking the embankment well.
Nevertheless, the Defendant driven in a state of difficulty in driving under normal conditions, such as rhythm with red and rhym rhythm with drinking as seen above, and did not discover the victim F (48 hyp) who was parked on the cab standing on the road, and suffered injury to the victim, such as the slick dypumum, which requires approximately two weeks of treatment with the above motor bicycle, without discovering the victim F (48 hyp).
2. The Defendant violated the Road Traffic Act (drinking) operated a bicycle with a quantity of approximately 800 meters at the front of the G on the K-si road, while under the influence of alcohol 0.174% during the day-to-day alcohol level as stated in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. A statement of the occurrence of a traffic accident prepared by the F;
1. Reports on traffic accidents, and notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 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 each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is heavier (the injury or injury caused by dangerous driving) shall be the same as the punishment provided for the above two crimes.