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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
1. Around 08:00 on September 3, 2018, the Defendant driven a F car in the state of alcohol with a 0.232% blood alcohol concentration from a 1km section from the front of the C company located in Gumi-si B to the front of the E company located in Gumi-si D in Gumi-si.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the defendant driving a car.
The Defendant, as described in paragraph (1), driven the said vehicle in such a condition that it is difficult to drive the vehicle normally due to the difficulty of driving, such as rhyming the horses under the influence of alcohol and rhing red on the face, and led the three-lane front of the road to the H-section from G bank.
In such cases, the driver of a motor vehicle has a duty of care to live well on the front side and the left side, to ensure the safety distance, and to prevent accidents in advance by accurately manipulating the brake system.
Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this, and the Defendant’s part on the front part of the passenger car in front of the passenger car of the Defendant, which led to the victim I (the 36-year-old driver)’s driving of the Defendant I (the 36-year-old driver).
As a result, the Defendant driven the car with the above car free from driving due to the influence of drinking, resulting in the Defendant’s loss of a pleke wall that requires approximately one week medical treatment to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of I;
1. The actual condition survey report and photographs;
1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article applicable to criminal facts;
A. Injury resulting from dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment of Specific Crimes Act”)
(b) Drinking-driving: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act;
1. Selection of penalty: Imprisonment with prison labor;
1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;