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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 a period of 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 Brash truck.
On November 16, 2016, the Defendant operated a road of 116, which was under influence of alcohol concentration of 0.176% from blood transfusion around 18:00, in the form of alcohol, the Defendant driven the road of 116, the petitioner of Chungcheong-si, Chungcheong-si, Chungcheongnam-si, Chungcheong-si, with a tri-distance distance of North Korea from the ethical outflow.
At the time, the Defendant was scheduled to turn to the left the left at the flood of the above road, so there was a duty of care to check the safety of the course by checking well the right and the left, and to turn to the left.
Nevertheless, under the influence of alcohol, the Defendant neglected to drive in such a state that it is difficult for the Defendant to drive in normal conditions as being sniffly, such as being snicking red, and neglected to turn to the left as is, and due to negligence, the Defendant received the front part of the D 2 truck drivened by the victim C (32 ) who was driving in the direction from the tri-distance bank north of the Roman to the flicking plane.
As a result, the Defendant suffered, by negligence in the course of performing the above duties, the injury to the victim E (the 31-year old-age age), who is the passenger of the said Lone Cargo Truck, about about 10 weeks of abandonment crushing, and the victim C suffered approximately 2 weeks of uncertainty and tension in the part of the right-hand blue which requires approximately 2 weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Report on the occurrence of a traffic accident;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.