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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, 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
The defendant is a person who is engaged in driving a KS7 car.
On June 11, 2017, the Defendant driven the above car at around 09:40 on June 11, 2017, and led the Defendant to drive the above car at a low speed of the two-lanes between the two-lanes on the high-speed highways located on the high side of the North Chang-gun.
In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely operate the motor vehicle by properly operating the steering gear before, after, after, and after the driving of the motor vehicle.
However, while under the influence of alcohol level 0.188%, the Defendant faced with the central separation unit due to the negligence of changing the vehicle line without putting the front line in the influence of alcohol while under the influence of alcohol level 0.18%, and the Defendant shocked the part behind the victim C(45 years old) car running on the same lane on the same side, into the front part of the said car by the Defendant.
As a result, the Defendant suffered by negligence in the course of performing duties the injury of the victim C and the passenger E (V, 41 years of age) and the victim F (V, 10 years of age) to the victim E (V, 10 years of age).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A traffic accident report, on-site photographs of traffic accidents, and CCTV screen pictures;
1. The circumstantial statement report of a driver driving at the State, inquiry of the results of crackdown on drinking driving, and investigation report (the application of the aforementioned dmark formula);
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Making a choice of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and the crime against the violation of Road Traffic Act;
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.