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A defendant shall be punished by imprisonment for not more than ten months.
except that 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. On April 18, 2018, the Defendant was under the influence of alcohol 0.171% on blood alcohol level around April 23:38, 2018, the Defendant driven a F rocketing car at a section of about 4km from the street adjacent to the main point of “C” located in Nam-gu, Daegu to the front of “E” located in D, Daegu-gu.
2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) by driving the said rocketing car at the time and time set forth in the above 1. Paragraph (1) and continued the street in front of the “E” located in the Seogugu, Daegu-gu, into H
In such a case, even though a driver has a duty of care to prevent accidents by accurately operating the front section and the right and the right and the right and the right and the right of the driver, due to the negligence that the defendant neglected to do so while under the influence of alcohol and proceeds from the operation of the driver's license, and due to the defendant's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's driver's license, he suffered from the victim's string of a chest that needs to be treated for about three weeks.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of the occurrence of an I traffic accident;
1. The actual condition survey report;
1. Report on the statement of the situation of a drinking driver, and notification of the results of crackdown on drinking driving;
1. A medical certificate;
1. Application of Acts and subordinate statutes to report on investigation (report on the status of an immigration driver);
1. Article 3 (1), the proviso to 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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Considering that the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act is the fact that he/she causes a traffic accident by driving under the influence of alcohol and high drinking level, it is necessary to strictly punish the Defendant.
However, the defendant's mistake is recognized.