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A defendant shall be punished by imprisonment for not more than ten months.
except that 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 October 26, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant) was a person engaging in driving a vehicle BM5 car, and was in a state of normal driving, such as blood alcohol concentration of 0.136% under the influence of alcohol on October 26, 2019, such as a low red and rhhym, but the said vehicle was driven by driving the said vehicle along the two-lanes of the two-lanes from the surface of the city to the intersection of the forest in Yeongdeungpo-gu, Seoul, as the city was located.
At the same time, the Defendant had the duty of care to ensure the safety distance necessary to avoid the collision with the vehicle in front and to prevent the accident in advance, inasmuch as the Defendant, prior to the same direction, C (38 years of age), followed the D low-speed vehicle driven by C (A). In such a case, the Defendant had the duty of care to ensure the safety distance necessary to avoid the collision with the vehicle in front.
Nevertheless, the Defendant neglected this and received the front part of the car driving by the Defendant after driving the vehicle at the low speed of the victim due to negligence while driving the vehicle under the influence of alcohol.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.
2. While the Defendant was under the influence of alcohol level of 0.136% at the above temporary border, the Defendant driven a BM5 vehicle from the front side of Dongjak-gu Seoul Metropolitan Government E at approximately 495 meters from the street to the front road of Yeongdeungpo-gu Seoul Metropolitan Government.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and statements on the occurrence of traffic accidents (defendants and victims);
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 (1) and Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime;