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A defendant shall be punished by imprisonment with prison labor for up to six 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 engaging in driving a car BD in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On March 27, 2017, 01:25, the Defendant, while under the influence of alcohol by 0.120% in blood at the outer circular expressway of the Don Agricultural-dong Seoul, Donsan-si, Seoul, the Defendant proceeded along one-lanes from the offline of the Hari Island to the Guri TG from the offline of the Hari-si.
A person engaged in driving service shall not drive under the influence of alcohol, and has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes.
As above, Defendant 1 driven while driving in a state where it is difficult to drive under normal conditions, such as a string of snow due to the breathing of snow, the flow of wind, and the walking condition. Defendant 2 suffered bodily injury, such as “brain, etc. where there is no two open situations,” which requires the victim’s treatment for approximately one week by taking back the back part of the D Spow drive of the victim C (V, 48 years old) driving two lanes in the same direction into the right side of the said vehicle.
2. The Defendant in violation of the Road Traffic Act (drinking driving) driven a three-dimensional car with a maximum of 10 KK mh from the point of the said accident to the point of the said accident on the roads of the Southern-si, Southern-si, under the influence of alcohol content of 0.120% among the blood transfusions at the time specified in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. C’s written statement of accident;
1. A traffic accident report, an on-site map, and an on-site photograph;
1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;
1. Statement report on the circumstances of driving at home and report on the internal investigation;
1. Application of Acts and subordinate statutes to medical certificates and opinions;
1. Article 5-11 (Bodily Injury resulting from Dangerous Driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for a specific crime;
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. The Criminal Act, the suspension of execution;