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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 a period of two years 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 car in DSS520.
On October 18, 2015, the Defendant driven the said car under the influence of alcohol content of 0.218% in blood around 06:55, while driving the said car in the direction of "Tho-gu, Incheon, Nam-dong E, the right side part of the victim F (32 years old) who walked on the right side of the said road at the front side of the car driving direction of the Defendant, was driven in the right side part of the Defendant’s vehicle.
The Defendant, by negligence in the above occupational negligence, sustained injuries to salt, tensions, etc., which require approximately two weeks of medical treatment, and immediately stopped and did not take necessary measures, such as aiding the injured party, but escaped by driving the vehicle.
2. The Defendant violated the Road Traffic Act (d&M520) driving a car with a 100-meter d&M520 m from the front corner of the Twit-dong, Nam-gu, Incheon to the front corner of the Twit-dong, Nam-gu, Incheon, under the influence of alcohol content of 0.218% during the day specified in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury and injury), Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking), and the choice of imprisonment with prison labor, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The basic area (from August to June) of the order to attend a lecture is the basic area (from January to June) after traffic accidents.