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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving a B Poter freight vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On April 17, 2017, the Defendant driving a D cafeteria in front of the “D cafeteria” located in regular Eup/Myeon on April 17, 2017, and driving the said cargo while under the influence of alcohol level of 0.122% during blood, while driving it from the mat to the H hotel shooting distance.
The defendant engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the steering gear and steering the steering gear.
Nevertheless, Defendant E (58) was a victim E (58) who was crossing the road to the left side of the direction of the Defendant due to the negligence of neglecting to drive the road on the front side while it is difficult for the Defendant to drive the road normally due to the above influence of drinking.
As a result, the Defendant was driving in a state where normal driving is difficult due to the influence of drinking, and the Defendant suffered injury, such as brain fluencing, which requires approximately 10 weeks medical treatment.
2. Violation of the Road Traffic Act (drinking) driving a b b ebbbbage vehicle under the influence of alcohol leveling 0.122% from the 2km section from the roads in front of the new market located in the center of the Si/Y-Eup in the city of Si/Y-Eup to the places described in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. A medical certificate;
1. Application of the Act and subordinate statutes on actual condition survey reports and field photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor;
1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.