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A defendant shall be punished by imprisonment for six months.
except that 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 engaging in driving a tXG car.
On November 13, 2012, at around 21:20, the Defendant driven the said car with a alcohol content of 0.154% 0.154%, and changed the two-lane line to a two-lane while driving the said car on a three-lane road located in the 890-dong Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Busan, with a flow of about 10km at a speed from the erode of the erode distance to the new erode distance.
In such a case, a person engaged in driving motor vehicles has a duty of care to prevent accidents in advance by safely changing the vehicle line in a way that does not interfere with the course of other vehicles driving in the vehicle line intended to enter with the front and rear left well.
Nevertheless, the Defendant was negligent in neglecting the above duty of care while driving under the influence of alcohol so that it is difficult to drive in a normal condition due to being drunk to the degree of natural contamination, and changed the vehicle line as it is. The Defendant did not discover a DNA high-speed car driven by the victim C, which was driving the two-lanes of the above road, and received the part on the left side of the victim's vehicle at the right side of the passenger vehicle.
As a result, the Defendant suffered from the Defendant’s occupational negligence that requires approximately two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. A report on detection of a host driver and a circumstantial statement;
1. Application of Acts and subordinate statutes to copies of diagnosis certificates;
1. The choice of imprisonment, as provided for in Article 5-11 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 for each crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The suspended execution is divided into Article 62(1) of the Criminal Act, and the degree of injury suffered by the victim is not much serious;