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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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a vehicle BM (SM) 5.
On April 21, 2016, the Defendant driven the said car under the influence of alcohol content of 0.287% during blood transfusions around 21:55, and continued to drive the said car on a four-lane road prior to “D” located in Nam-gu Incheon Metropolitan City, Nam-gu C, with two-lanes of new engineer distance, from a one-way distance flooding side, at a speed of about 60km.
At the time, the defendant is inaccurate, and the driving of the above vehicle is difficult due to influence of drinking, such as the narrow distance, and the driving of the Franp vehicle of the victim E (54 ) who temporarily stops in the front of the signal waiting at the front of the above SM5 car and was able to receive the back part of the Franp vehicle from the front part of the above SM5 car, and suffered from the victim G (the 53 years old) who was on board the above SM5 vehicle with the victim E and the above SM5 vehicle for about two weeks.
As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victims.
2. The Defendant violated the Road Traffic Act (drinking driving) driven the SM5 car as specified in paragraph (1) while under the influence of alcohol content of 0.287% during the light of the day specified in paragraph (1) and proceeded with approximately KRW 600 meters from the front of the place specified in paragraph (1) to the place of food in the Southern-gu Incheon Kingdom of Fridong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Statement of the circumstances of the driver at home, and report on the detection of the driver at home; and
1. A traffic accident report (1) (1) (1)
1. Response to a request for appraisal;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;
1.Article 40 of the Criminal Code of Trade and Trade.