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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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle B high-speed.
On August 31, 2014, the Defendant driven the said vehicle with a blood alcohol level of 0.153% around 22:26, while driving the said vehicle, and driving the said vehicle at the intersection of the Man-Feng-dong in the direction of the opening of the road at the direction of the opening of the road at the direction of the opening of the road, the Defendant neglected to take the front-down city under the influence of alcohol and caused damage to the Defendant’s vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vege with the Defendant’s driving at the right side of the said intersection in accordance with the signals of the Defendant’s driving in the right side of the said intersection, thereby taking approximately 12 weeks back on the left side of the Defendant’s driving of the said taxi. At the same time, the Defendant suffered damage to the Defendant’s vegetable vege vege vege son’s face.
2. At the time specified in paragraph (1) of this Article, the Defendant driven the above vehicle while under the influence of alcohol by 0.153% in the section of about 3 km from the so-called Sodong parking lot in Busan to the place specified in paragraph (1).
Summary of Evidence
Application of Acts and subordinate statutes to the defendant's legal statement, actual condition survey report, accident photograph, blood alcohol appraisal report, and each medical certificate
1. Relevant statutory driving for a crime: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act: Injury by occupational negligence due to traffic accidents under Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;
2. Articles 40 and 50 (Mutual Crimes against Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents)
3. Selection of sentence of imprisonment and imprisonment without prison labor;
4. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act shall be the lowest limit.