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A defendant shall be punished by imprisonment for not less than eight 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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving B driving vehicles;
On February 2, 2013, the Defendant driven the above vehicle while under the influence of 00:10% of alcohol concentration of 0.164% on the blood alcohol level, and sustained injury, such as the mouth 2 and 3 of the middle ridge 2 and 3 that the victim C (the age 69) crossinged the road from the right side of the above vehicle to the left side of the above vehicle by driving the above vehicle at a speed of about 60 km from the south Triart Sports Center located in the front side of the front Mari-dong at the time of the original city, along two laness from the south-do medical center at a speed of about 60 km.
2. Around 00:10 on February 2, 2013, the Defendant driving a B-learning vehicle under the influence of alcohol concentration of 0.164% from the road front of the main place of Bag-dong (hereinafter referred to as the “Bag-dong”) to the front road of the ELg-gymium located in the same region, in which the Defendant was under the influence of alcohol content of 0.164%.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of Acts and subordinate statutes to the report on the proper launch of an employer, the report on whether to drive any danger, and the written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Aggravation of concurrent crimes within the scope of the sum of the punishment prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes and the long-term punishment of two crimes above the punishment prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes, of which the punishment is heavier, the minimum sentence shall be determined by the punishment prescribed for the violation of the Road Traffic Act;
1. Article 62(1) of the Criminal Act: