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The punishment of the accused shall be determined by six months of imprisonment.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of B rocketing and other automobiles.
On April 4, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.089% at around 03:30, while driving the vehicle, and driving the three-lane road in front of the North-gu Healthy Family Support Center located in Yangsan-dong in Gwangju Metropolitan City along the two-lanes from the side of the National Museum of Gwangju National Museum, the Defendant continued to go beyond the central line due to occupational negligence, which did not properly operate the steering direction and operation device, and suffered injury, such as cutting off c (25 years) by taking the street trees on the right side of the above vehicle and taking off the above vehicle for approximately six-day medical treatment.
2. Around 03:30 on April 4, 2017, the Defendant driven a B rocketing car under the influence of alcohol leveling 0.089% of alcohol level from the 2km section of approximately 2km to the pre-road of the Multicultural Family Support Center in the same Gu and located in the same Gu Yangsan-dong from the roads near Samho apartment apartment located in Gwangju Northern-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s traffic accident statement;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. The actual survey report and on-site photographs;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);
1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;
1. The punishment provided for in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the same Act (the punishment shall be aggravated by concurrent crimes with the punishment provided for in the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier;