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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person engaged in driving a B K5 car.
On February 27, 2017, at around 00:30, the Defendant was running directly from the front side of the Busan East-gu hot spring 2 tunnel, Busan-dong, to the intersection of Manduk-ro from the south through the intersection of the 3-lane.
A person engaged in driving service shall not drive in the state of drinking, and has a duty of care to drive safely by thoroughly performing the duty of prior drinking.
Nevertheless, while driving under the influence of alcohol by 0.115%, the Defendant: (a) reported that the Defendant, while driving under the influence of alcohol, is under the influence of alcohol at the front of the two lanes to three lanes; and (b) had the victim C(32) who is driving on the three-lane, drive the vehicle rapidly; and (c) the Defendant followed the back of the driver’s seat and was in the front of the steering line of the said car; and (d) received all parts of the said car with the rear part of the driver’s seat.
As a result, the Defendant by occupational negligence inflicted injury on the victim C such as catum salt in need of approximately two weeks of medical treatment, and suffered injury to the victim E (32 years of age) who is boarding the car in the car in question, such as catum salt in need of medical treatment for about two weeks of medical treatment, and injury to the victim F (32 years of age) such as catum salt, tension, etc. in need of medical treatment for about two weeks.
2. Around 00:30 on February 27, 2017, the Defendant driven B K5 cars under the influence of alcohol content of at least 0.115% in the section of about 10km from the mutual influence parking lot in the middle-dong Busan Metropolitan City, Busan Metropolitan City, to the front day of the same city-dong hot spring-dong 2 tunnel.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Statement of the circumstances of the driver involved in driving;
1. Each statement;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Injury resulting from an occupational or actual injury under the relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.