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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 23, 2014, at around 0.170% of blood alcohol level, the Defendant driven a Dok-do car with B 0.170% of blood alcohol level, and the Defendant driven a one-lane 40 kilometers per hour from the Dok-gu Busan Busan to the Dok-dong Dok-si.
At the time, the E driver's vehicle was at night and at the front of the driving direction, and therefore, the E driver's vehicle was under the stop, there is a duty of care to prevent accidents by putting the front door and accurately operating the brake system.
Nevertheless, the Defendant neglected to do so and received the back portion of the sprink car in front of the Defendant’s vehicle in front of the vehicle, and due to the shock, received the back portion of the sprink car which was stopped in front of the vehicle in front of the vehicle in front, and suffered the sprink and tension of the sprink in need of approximately three weeks of treatment to the victim FF who was on board the vehicle in front of the vehicle in front of the sprink, and received the back portion of the sprink car in front of the vehicle in front of the sprink.
Accordingly, the defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking or drugs, thereby causing the injury of people.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Each statement of the defendant, E, F, G, and H;
1. Application of Acts and subordinate statutes to report on the circumstantial statement of a drinking driver, report on detection of a drinking driver, ledger of use of a drinking measuring instrument, notification of completion of correction, traffic accident report, traffic accident-related photographs, reports on the occurrence of traffic accidents, medical certificates, and investigation reports;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;