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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
The defendant is a person who is engaged in driving a vehicle with C low Pest another car.
1. On November 4, 2015, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk), driven the Defendant’s above vehicle at one lane in front of the “E” located in Gangseo-si D while he/she was unable to drive normally while under the influence of alcohol content of 0.140 percent of alcohol during blood transfusion around 13:05.
Since the place is a bend where the right is the right, the defendant engaged in driving of the motor vehicle has a duty of care to reduce speed and to drive the motor vehicle safely by closely driving the front door.
Nevertheless, the Defendant: (a) neglected to do so while driving the center line without reducing speed; and (b) obstructed the front part of the driving 59-year driving of the Victim F (59) driving in the opposite side to the Defendant’s left-hand part of the Defendant’s vehicle; (c) inflicted an injury on the victim’s G (V, 60-year-old) on the left-hand knee in need of approximately three weeks of treatment; and (d) sustained an injury on the part of the victim’s G (V, 60-year-old) who was on board the said horse in need of approximately six weeks of treatment.
2. The Defendant violated the Road Traffic Act (drinking driving) operated the above vehicle of the Defendant at the section of approximately 1 kilometer from the street level to the street level in the front of the “E” located in Gangnam-si 2 Rigdong-si administration at the same time, while under the influence of 0.140 percent of alcohol in blood.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual survey report and photographs;
1. A report on the detection of a driver engaged in driving and a report on whether to drive any danger;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).