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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On April 22, 2017, at around 00:30, the Defendant driven a DA4 car under the influence of alcohol level of 0.128% in blood with the front road in Gwangjin-gu Seoul Special Metropolitan City around 00:30, while driving the DA4 car in the direction of Ajsan Station, the Defendant driven the DA4 car at an indefinite speed between three lanes in the direction of the military in the direction of the military.
In this case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by properly operating the steering and steering gear well, and operating the steering and steering gear of the motor vehicle.
Nevertheless, the Defendant neglected this and failed to properly operate the steering gear under the influence of alcohol, thereby leading the victim E(29) G(23 years) who walked a four-lane of the above road to the right part of the FST6 vehicle driving log in the above A4 vehicle, and gets back to the right part of the vehicle A4 vehicle, and immediately go back to India, thereby getting the victim G(23 years) who walked the above A4 vehicle to the right part of the vehicle.
Ultimately, the Defendant driving the said A4 vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered from the injury of the victim E, such as salt, tension, etc. in need of a two-day medical treatment. The Defendant sustained injury to the victim G by causing about two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement of E and G;
1. A traffic accident report;
1. Report on the occurrence of a traffic accident;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. A paper of measurement of drinking alcohol;
1. Each photograph;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each risk), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment with prison labor, respectively;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.