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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
The defendant is a person who is engaged in driving of B Poter cargo vehicles.
On January 15, 2018, the Defendant driven the above cargo while under the influence of alcohol of 0.124% among blood alcohol around 09:53, and proceeded at a single-lane of the two-lane road in the 213-lane Sung-gu, Young-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, which is located in the 213-lane, along the intersection of the west-do, with the U.S. S. S. S. S. S. S. S. S. e. the U.S. Do 213-ro.
In such a case, the Defendant had a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident from being delayed.
However, under the influence of alcohol, the Defendant was negligent in the course of business, while neglecting this, and the Defendant received the right side part of the above-wing and cargo vehicle standing in the front of the signal waiting in the front bank as the front part of the left side of the cargo vehicle, and caused the victim to suffer light dump, tension, etc. requiring treatment for about two weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. A medical certificate;
1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report-related Act and subordinate statutes;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has occurred due to drinking driving, even though the Defendant had been punished several times due to drinking driving.
(b).