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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence 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 BM car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On February 8, 2017, the Defendant, at around 23:40, proceeded to 2 e.g., Song-gu Incheon Metropolitan City, from the north Coast Guard Headquarters to the e.g., the e., the e., the e.g., the e. the e., the e.
Since there is a place where a signal, etc. is installed, there was a duty of care to reduce speed to persons engaged in driving service and prevent accidents in advance by driving safely according to the new code.
Nevertheless, the Defendant was negligent in driving the said car under the influence of alcohol concentration of 0.142% while driving it normally while under the influence of alcohol during blood, and driving it as it is in red signal, and received the parts adjacent to the driver’s seat (103-1) of the instant car from the D New Daily operated by the victim C(59) who driven into the shop X-ray apartment from the new elementary school on the side of the instant car.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about three weeks.
2. Around February 23:40 on February 8, 2017, the Defendant driven BM car while under the influence of 0.142% alcohol concentration in alcohol from a distance of about 2km from the front line of the training-dong in Yeonsu-gu Incheon Metropolitan City to the long distance of about 55 km, as the Gu-based convention.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Reports on traffic accidents, reports on actual condition of the driver involved in driving, and reports on the circumstances of the driver involved in 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 Code of Aggravation of Concurrent Crimes;