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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 of the final judgment.
Reasons
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a vehicle C;
On April 22, 2014, at around 22:25, the Defendant driven the said vehicle at a speed of about 50 kilometers in the speed of about 50 kilometers in the direction of family in the direction of a native apartment, while being unable to drive normally under the influence of alcohol by 0.140 percent of the blood alcohol concentration. The Defendant driven the said vehicle at a speed of about 50 kilometers in the direction of the new industrial company in the direction of the Incheon Bupyeong-gu, Bupyeong-gu, Incheon.
Since there is an intersection with the vehicle signal apparatus, in such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by driving in accordance with the signals.
Nevertheless, the Defendant neglected to turn to the left on the left of the vehicle due to the negligence of neglecting this, and received the front portion of the victim D(36 years of age) driving on the left side of the Defendant’s vehicle in front of the left side of the Defendant’s vehicle.
Ultimately, the Defendant, by negligence in the course of performing the above duties, suffered injury to the victim, such as brain salvine in detail, which requires treatment for about two weeks, and injury to the victim F (the 33 years of age) who is the passenger of the victimized vehicle, such as salt, tension, etc. of the bones of wood that requires treatment for about two weeks.
2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol by 0.140% at the time and time set forth in the preceding paragraph, and driving the vehicle at a section of approximately one kilometer from the roads near Seo-gu, Seo-gu, Incheon to the above site of the accident.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A fact-finding report, a black fluore photograph by cutting down the damaged vehicle, and a photo on the shocking part of the damaged vehicle;
1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Criminal facts;