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The punishment of a defendant shall be eight months.
The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 5, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven BS5 automobiles with blood alcohol concentration of 0.147%, while under the influence of alcohol level around 00:18, the Defendant driven BS5 automobiles at the speed of 0.147%, and proceeded from the side of C building to the D mphere zone.
The Defendant shall not drive in a state where it is difficult to drive safely due to drinking, and the Defendant did not properly observe the duty of care to see the situation of the front side and to accurately operate the steering and operation system, and without complying with the duty of care to properly operate the steering and operation system, the Defendant did not see that the F 3 Car driven by E (29 years old) stops in the front direction, and received the rear part of the vehicle in front of the Defendant.
E has suffered wounds, such as salt ties, tensions, etc. in need of treatment for approximately two weeks.
The Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, thereby causing injury to the victim E.
2. On April 5, 2019, at around 00:18, the Defendant driven a BS5 vehicle while under the influence of alcohol at approximately 0.147% of blood alcohol concentration in the section of about 800 meters from the alley-gu G in Yan-gu Seoul Special Metropolitan City to the shooting distance in the same Gu I Apartment-gu.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report, a survey report, and an accident site photograph;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. E statements;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. To recognize and reflect the error of sentencing under Article 62-2 of the Criminal Act.