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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is engaged in the driving of a motor vehicle B with the highest mother.
On March 1, 2016, when the Defendant was under a normal driving due to alcohol level of 0.202% among blood alcohol level around 20:40, the Defendant driving of the said fluoring vehicle, and driving the said fluoring vehicle along the said fluoring vehicle along the said fluoring line, and driving the six-lane road in front of the high school located in the Daegu Suwon-gu Suwon-gu, Daegu-gu, Daegu-do along the three-lane road from the Gyeongsan-do, Daegu-si, the Defendant was at the influence of alcohol and failed to properly operate the steering gear and operation of the steering gear in front of the victim C (36 years old) (36 years old) who stopped in front of the previous fluoring line, thereby causing injury to the said victim and the victim E (36 years old and older) who was on the front fluor of his fluoring line with the Defendant, respectively, due to the influence of alcohol.
2. The Defendant was driving a vehicle under the influence of alcohol level of 0.202% without obtaining a driver’s license from the dong-gu, Daegu-dong-dong-dong-dong-dong to the front of the above high school at approximately 10km from the above time to the 10km roads before the above high school.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Inquiries about the results of crackdown on driving of alcohol, the ledger of driver's licenses, the report of traffic accidents, and the application of Acts and subordinate statutes of investigation report (No. 12 of evidence list);
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (referring to the act of driving a motor vehicle without a license) concerning the crime;
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the injury or injury caused by dangerous driving) are between the crimes under the Act on the Aggravated Punishment, etc. of Specific Crimes.