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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
On December 23, 2017, the Defendant was under the influence of 0.186% of alcohol content during blood transfusion at around 16:35, while driving approximately 2 km away from 26 Do-ro 393, as in the Seo-gu Incheon Seo-gu, Seo-gu, Incheon, Seo-gu, to the 17th road, the Defendant incurred an injury to the victim C (54) who was under the duty of due care to prevent the accident by accurately operating the electric-time and steering steering devices in the state where normal driving is difficult due to drinking, controlling the speed in advance, thereby neglecting the duty of due care to prevent the accident in advance, and thereby neglecting the duty of care to prevent the accident.
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. Medical certificate (C);
1. Application of Acts and subordinate statutes by cutting a vehicle photograph and a black stuff image;
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. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier (within the scope of the sum of the long-term punishments of the above two crimes) and the aggravated punishment of concurrent crimes: Provided, That the lowest sentence shall be determined by the punishment determined for the crimes of violation of Road Traffic Act;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the basic area (the period from April to one year) (the person who is specially mitigated], which is not subject to punishment (the amount of damage caused by traffic accidents).