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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
The defendant is a person engaged in driving a gallon car.
On October 3, 2016, the Defendant, while under the influence of alcohol of 0.142% of blood alcohol concentration, was driving the said car at 111-lane 8, Han new apartment 102, the two-lanes in front of the said car, and the two-lanes in the direction of the king Station are straightened by the three-lanes in the direction of the new city.
In such a case, the defendant engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes while properly viewing the right and the right and the right and the right and the right and the right and the right and the right
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving, and the part of the Defendant’s car was shocked to the front part of the Defendant’s car after the driving of the victim C in the front line.
Ultimately, the Defendant suffered injury to the victim, such as salted tensions, tensions, etc. in detail, which require treatment for about two weeks by occupational negligence as above.
Summary of Evidence
1. Defendant's legal statement;
1. C's accident explanatory note;
1. A traffic accident report;
1. On-site photographs;
1. Statement in the circumstances of an employee;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the main driving and the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the choice of penalty
1. Of concurrent crimes, the former part of Article 37, Article 38 (2) and Article 38 (1) 2 and Article 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. The scope of crimes No. 1 (Bodily Injury) within the scope of the recommended punishment and the applicable punishment [the scope of recommending punishment] general traffic accident category No. 1 (Bodily Injury resulting from Traffic Accidents) (eight to two years) (Specially In the case of driving under the influence of alcohol], the second crime [the scope of applicable punishment] from June to February 1.