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A defendant shall be punished by imprisonment 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
The defendant is a person who is engaged in driving a low-priced car.
On August 22, 2017, the Defendant driven the said car under the influence of alcohol content of 0.277% during blood transfusions on August 22, 2017, and continued to drive the said car on the roads located in 141, Daegu Seogu-gu, Daegu-gu, Daegu-ro, Daegu-do, as the four-distance four-distance outflow from the flow-distance away from the flow-distance.
At night, at the time of the defendant's proceeding, the DK7 passenger vehicles driven by the victim C(31) in the direction of the defendant's proceeding were parked in order to obtain signal, so the defendant had a duty of care to prevent accidents by thoroughly operating the front-round vision and accurately operating the brake system and operating it safely.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to operate the brake system accurately, and caused the damage to the Defendant’s back part of the vehicle for the above K7 boarding by the Defendant’s vehicle in front of the passenger car.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered the victim’s injury, such as climatic salt, which requires two-day medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Each written diagnosis;
1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;
1. The provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the provision of Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the selection of imprisonment with prison labor as to the crime;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act is 0.27% high, the victim suffered bodily injury, and the defendant committed the instant crime.