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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[Criminal Power] On September 8, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. in the Sung-nam Branch of the Suwon District Court on September 8, 2016, and completed the execution of the sentence in the Ansan Prison on June 15, 2018.
【Criminal Facts】
The defendant is a person who is engaged in driving a car B i40.
1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) was driven on February 15, 2019 at around 13:50, while driving the said i40-year alcohol concentration at a 0.169% alcohol level, driving the said i.40-lane in Busan Seo-gu, and driving the dju station in Busan Seo-gu along the two-lane in the direction of the Kuduk tunnel in the direction of the Kuduk tunnel, while driving the dju station in the direction of the Kuduk tunnel, due to the influence of drinking, found the victim E (the age 42)’s driving code to be late behind the vehicle due to negligence, and received the back 140 driver’s length in the front of the said i.40-year car.
Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires treatment for about six days for the victim.
2. A violation of the Road Traffic Act (driving) was driven by the Defendant in the state of alcohol of about 0.169% of blood alcohol concentration at the section of approximately 3.6 km from the front of H in Busan Jung-gu to the place of the accident under paragraph (1) of this Article on the temporary border under paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A traffic accident report;
1. Photographs related to traffic accidents;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. A written confirmation of hospitalization;
1. Previous records of judgment: Criminal records, inquiry reports, confirmation of repeated crimes, and application of Acts and subordinate statutes on the status of confinement of individuals;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2(2)2 and Article 44 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018).