Text
A defendant shall be punished by imprisonment for six 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
At around 06:50 on February 21, 2019, the Defendant, while under the influence of alcohol of 0.106% of the blood alcohol concentration, driven a C New Flad 1.4 (Mod 1.4) car in the direction of the direction of the direction of the movement from the direction of the direction of the movement.
Since the location is where signal lights are installed, there was a duty of care for those engaged in driving of motor vehicles to drive motor vehicles thoroughly and safely in accordance with the new code.
Nevertheless, the Defendant, due to the negligence of proceeding without a red signal from the front side, led the victim D(the age of 48) to turn to the left in accordance with the normal signals in the direction of the mathal in the front direction of the mathal in the semi- underground map, was shocked with the front part of the motor vehicle. 1.4(Araddd 1.4).
As a result, the Defendant driven the said New Flad 1.4 (Dominin) car in a situation where it is difficult to drive the car normally due to the influence of drinking, and caused the victim D to suffer injury, such as the depression and abundry, which requires approximately two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. A medical certificate;
1. Application of Acts and subordinate statutes to a traffic accident investigation report, report on the results of the regulation of drinking driving, circumstantial statement of a drinking driver, report on the status of a drinking driver, and report on whether to drive any danger;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes; and the choice of imprisonment, respectively,
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (this reason is considered for the following reasons):
1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.