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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a Bchip car.
On August 13, 2017, the Defendant driven the said car while under the influence of alcohol level of 0.194% from blood alcohol level around 15:40 on August 13, 2017, and continued four-lanes in front of the border intersection in the direction of the border intersection in the direction of the border intersection in the direction of the parallel.
At the time, there was a parked vehicle at the front of the vehicle, and thus, the driver of the vehicle had a duty of care to properly see the front door and left right and right, and to prevent the accident in advance by accurately manipulating the steering and brakes.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and proceeds ahead of the same direction by negligence by bypassing the four-distance direction in the mountain of the East East Sea. The Defendant received the back part of the DST5 passenger car driving by the victim C (23 ) who was under the stop (23 ).
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning criminal facts of the relevant Act, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of duty and negligence);
1. Selection of penalty of imprisonment and imprisonment without prison labor;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing in Article 62-2 of the Criminal Act [Scope of Recommendation] / Driving, etc. of ordinary traffic accidents in cases where minor injuries (4 months to 1 year) in the basic area (special mitigation (special mitigation) / drinking, etc. (one type) occur.