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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 one year 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 C-A-hurd motor vehicle.
1. On December 11, 2016, the Defendant driven the said vehicle under the influence of alcohol level of 0.158% in blood around 12:55 on December 11, 2016, and driven the said vehicle at a speed of 100 kilometers per hour depending on one-lane 100 kilometers per hour among the two-lanes at the breath level from the breath of the breath seat of the Honam Highway.
2. The Defendant 1, while driving as above, changed the lane in order to overtake the victim D(62) E-ray drive in the front direction, and thus, he had a duty of care to maintain the safety distance and accurately manipulate the steering and operating the steering gear, to prevent the accident from changing the lane in advance.
Nevertheless, due to the negligence that the Defendant was unable to secure a safe distance due to the influence of alcohol and failed to accurately operate the steering direction and operation of the operation system, the Defendant changed the lane to a two-lane, which led to a panion part prior to the left-hand side of the Aburged vehicle, and shocked the part to the right-hand side of the Aburged vehicle.
As above, Defendant 1 driven while driving in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as cerebral dynasium, celebalum, and celebalum dynasume, which require three-day medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the occurrence of a traffic accident;
1. Statement of the circumstances of the driver involved in driving;
1. The circumstantial report (whether to drive any danger);
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Selection of each sentence of imprisonment;
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. An agreement is reached between the victim and the reason for sentencing Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures.