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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
The defendant is a person who is engaged in driving a C observer car.
On June 6, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.235% around 01:50, while driving it, and driving it at the same time, driving three lanes in front of the port of 801, in the king-si, the king-do from the original university to the Kim Jong-si, and driving it at approximately 80km in speed from the original university, and tried to change the lane to the first one.
At the time, there was another vehicle driving in one lane while around the road at night, so there was a duty of care to change the vehicle by operating direction direction, etc. when the vehicle is changed to the person engaged in the vehicle driving business, there was a duty of care to make a change in the vehicle by giving an advance notice of change of course and considering the traffic situation of the front and rear left.
Nevertheless, the Defendant, while neglecting his duty under the influence of alcohol, found the rocketing car driven by the victim D(the age of 49) who followed the same one lane as it is, and suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks by taking the right side part of the rocketing car as the left part of the said observer car.
Accordingly, the defendant, under the influence of drinking, was unable to drive normally due to the influence of drinking, caused the injury of the victim by driving the observer car.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A report on the occurrence of a traffic accident and a report on a traffic accident;
1. Report on the circumstantial statements of a drinking driver, report on whether to drive any motor vehicle, and notification of the results of the regulation of drinking driving;
1. A medical certificate;
1. Application of Acts and subordinate statutes to photographs of vehicles involved in accidents (Evidence Nos. 6);
1. Relevant Articles 5-11 and 148-2 (2) 1 and Article 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Articles 14-2 (2) 1 and 44 (1) of the Road Traffic Act, and choice of imprisonment with prison labor for each crime;
1. Discretionary mitigation;