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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On January 5, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving a B-cracked car under the influence of alcohol concentration of 0.111% in blood on January 23:36, 2018, the Defendant driven the B-cracked car and driven the front road of the Ilsan-dong-gu Busan Metropolitan City toward the ridged side along the two-lanes between the four-lanes.
At the time, at night and in front of the Defendant’s vehicle, the low-speed car driven by the victim D (46) was waiting and stopped. In such a case, the driver of the vehicle has a duty of care to ensure that the driver of the vehicle has a safe distance from the front vehicle by accurately operating the steering gear and brakes by reducing speed and properly checking the front.
Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting it, and the part behind the Defendant’s vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front, which was in front of the signal atmosphere.
As a result, the Defendant driven the pertinent cruise car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as salt, tension, etc., of the trend that requires approximately two weeks medical treatment to the victim.
2. A violation of the Road Traffic Act (drinking) was driven by the Defendant under the influence of alcohol of approximately 2.6 km from the section of approximately 0.111% of alcohol in blood to the place indicated in paragraph 1, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Seoyang-gu, Seoyang-gu, Sinyang-si, Sinyang-si, to the place indicated in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A survey report on actual condition, a report on the results of regulating drinking driving, a report on the circumstances of the driver who takes driving, and an investigation report (report on the circumstances of the driver who takes driving);
1. A medical certificate;
1. Application of statutes on site photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.