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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 24, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) driving a B K5-car under the influence of alcohol of 0.116% on blood alcohol level, and driving the B-V car at around 0:11, in Seongbuk-gu Seoul, Seongbuk-gu, Seongbuk-gu, Seoul, along the intersection of the shooting distance in the sexual traffic zone located in 106, from the surface of the Seongbuk-gu, Seongbuk-gu, Seongbuk Police Station, while proceeding to the right side of the victim C (35 years old) driving the Ma-si (35 years old) driving that was going directly going to the open side of the P-gu, Seongbuk-gu, and caused the said victim to suffer injury, such as dial salt, etc. necessary for treatment for about 1 week, and at the same time, the victim on board the taxi (20 years old-gu) who was in the above taxi to suffer injury, such as around 20 weeks, etc.
Accordingly, the defendant, under the influence of alcohol, driven a car in a state where normal driving is difficult due to the influence of drinking, and caused the victims to suffer each injury.
2. On the date and time set forth in the above paragraph (1) of the Road Traffic Act, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.116% from a section of approximately 100 meters around the 120 meters away from the 120-glusium in Seongbuk-gu Seoul, Seongbuk-gu to the shooting distance of the said sexual traffic zone.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of C, F, and E;
1. The actual condition survey report;
1. A copy of each written diagnosis;
1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes [Article 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (mutual crimes due to death or injury caused by dangerous driving: Victims E of the heavier punishment;