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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 of the final judgment.
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 X-ray automobiles;
On October 5, 2014, at around 07:25, the Defendant driven the said car while under the influence of alcohol of 0.182% of alcohol concentration, and led to the driving of the said car on the front of the Chungcheong Center, which is located in 15-1, Namyang-gu, Yangyangyang-gun, Yangyang-gun, Yangyang-gu, Yangyang-do, Yangyang-do, Yangyang-do, to the direction of the Tyang market.
In such cases, the driver has a duty of care to prevent accidents in advance by taking the front, rear, and left and left well and safely on the part of the driver.
Nevertheless, due to the negligence of neglecting this, the Defendant neglected to do so, and continued to do so, received the part of the bridge part of the victim C (75 years old) who disposed of garbage on the left side of the road in the direction of the Defendant’s proceeding, as the top part prior to the left side of the Defendant’s operation of the above X-ray car.
Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the above influence of drinking, and suffered injury, such as the mouth of the sowing-up, which requires approximately four weeks of medical treatment, to the victim.
2. Around 07:20 on October 5, 2014, the Defendant driving the said X-ray car under the influence of alcohol content of 0.182% from the front of a bus terminal located in Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, to the front road of a bus terminal located in 27-3 in Yangyang-gu, Yangyang-gun, Yangyang-do, the same day from 07:25 on the same day to the front road of the loyalty center located in 15-1, Namyang-gu, Yangyang-gu, Yangyang-do.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The actual survey report and photographs related to traffic accidents;
1. Report on detection of a host driver, and report on the status of a host driver;
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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act as to the crime, respectively;