Text
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a driver of a motor vehicle with Bhump.
On 26. 26. 26. 207. 22:40, the Defendant driven the above-mentioned vehicle with alcohol content of 0.297% in blood, and turned down the three-distance at the entrance of the Seoul Seongbuk-gu Seoul Metropolitan City C market directly from the erode of the erode of the erogate at the erode of the erode.g., bypass.
At the time, the Defendant had significantly weak the ability to properly operate the steering and brakes while under the influence of alcohol content of 0.297%.
In this case, the defendant has a duty of care to immediately stop driving of a motor vehicle and prevent the accident in advance.
Nevertheless, the Defendant neglected to do so and proceeded on the left-hand side of the victim D(69) in the direction-hand side of the proceeding, and received the front part of the Defendant’s driving vehicle.
Ultimately, the Defendant suffered injury on the left-hand side of the victim D, which requires approximately two weeks of medical treatment due to such occupational negligence.
2. The Defendant was under the influence of alcohol level of 0.297% at the same time as that of the preceding paragraph, and was driving approximately 10 meters from the vicinity of the Seoul Seongbuk-gu C market to the point of the said accident.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of the occurrence of each traffic accident in E and D;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. A written appraisal of alcohol among bloods;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a sentence;
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. Order to attend a lecture and order to attend a lecture;