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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a car by borrowing B.
On September 23, 2014, the Defendant driven the said car on September 23, 2014, and driven the front road of the two kinds of parks, outdoor music halls located in the middle-gu, Seogu, Daegu, and the two-lanes of the two-lanes of the city, at a speed of about 30km per hour, depending on the two-lanes of the said road.
The Defendant, while under the influence of alcohol, was negligent in driving the said vehicle on the part of the victim C(19 years old) who was parked in the front of the right part of the vehicle of the Defendant’s driving, and received the part behind the left side of the vehicle of the victim C(19 years old) who was stopped on the front of the vehicle.
The Defendant, by its occupational negligence, suffered injury to the victim C, such as salt, tension, etc. of the bones of wood, which requires medical treatment for about two weeks, and the victim E (26 years of age) who was on board C’s car, due to its occupational negligence, at approximately two weeks of medical treatment.
2. The Defendant was under the influence of alcohol by 0.12% in blood alcohol concentration at the time and time specified in paragraph (1) of this Article, and driven the said vehicle at a volume of 300 meters in front of the two kinds of parks outside the two roads located in the same Gu, Seogu, Daegu, and the two roads around the two roads in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of C and E;
1. A traffic accident report;
1. A survey report on actual condition (1, 2 copies);
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents under the relevant Acts concerning criminal facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of penalty, imprisonment without prison labor and imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Suspension of execution: Article 62(1) of the Criminal Act (i.e., confession, reflectivity, and fine) (i.e., there is no record of heavy punishment in addition to punishment; and (ii) the degree of accident is not severe).