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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 became final and conclusive.
Reasons
Punishment of the crime
1. A person who is engaged in driving of B carone set forth in the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act;
At around 16:00 on May 12, 2013, while the Defendant driven the said vehicle under the influence of alcohol content of 0.247%, and proceeded with the road in front of the Seo-gu Incheon king-dong, Seo-gu, Incheon, from the reclaimed site to the Kimpo-face, the Defendant proceeded as follows: (a) was shocking the C Costex vehicle parked on the path due to occupational negligence that did not perform the duty of Jeonpo-ro care; (b) while continuing to proceed, while driving the victim D (29 years old) driving, which was parked in the front bank, caused the injury to the victim, such as the boom, bones, bones, etc. requiring treatment for about two weeks, and at the same time, escaped without taking measures such as aiding the victim, even if the repair cost of the said f16,156 won is damaged.
2. The Defendant violated the Road Traffic Act (driving) driving a car in the same manner as described in paragraph (1), while under the influence of alcohol by 0.247% at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to written reports on running a driver;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);
1. The defendant among the reasons for sentencing under Article 62(1) of the Criminal Act.