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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
1. The Defendant is a person who is engaged in driving a motor vehicle B subject to the Act on the Aggravated Punishment, etc. of Specific Crimes.
On May 12, 2017, the Defendant, while under the influence of alcohol concentration of 0.137% during blood transfusion on May 12, 2017, the Defendant was driving the said car on a road without a center line of C at the time of Masan Village, from the jurisdiction of Msan Village to the jurisdiction of Msan Village, with no center line of C at the time of Masan Village.
In such cases, the driver of the vehicle has a duty of care to prevent accidents by accurately operating the front and rear left and left, and by operating the steering gear and brakes accurately, while driving the vehicle safely on the right side of the road.
Nevertheless, the Defendant, under the influence of alcohol, was negligent in the course of duties operated on the left side of the road due to the failure to perform the above duty of care, and was faced with the victim D and the victim F ( South, 60 years old) who was under way by driving D ( South, 55 years old) due to the impact of alcohol and suffered from the injury, such as fluoral salt, tension, etc., for each two-day medical treatment.
2. The Defendant violated the Road Traffic Act (drinking) driving a vehicle B in the state of under the influence of alcohol 0.137% in alcohol level on the road at approximately 23 km from around any restaurant in the Young-si, Young-si, Seoul Special Metropolitan City at the time under paragraph (1) to the place under paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. Investigation report (report on the situation of the driver in charge); and
1. The actual investigation report on traffic accidents;
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 and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.