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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving a freight vehicle B while driving a freight vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On September 14, 2016, the Defendant driven a road in front of the “Dong Elementary School” located in Jeong-dong, Jung-gu, Si, Si, Si, Dong-dong on September 14, 2016, while under the influence of alcohol level of 0.140% during blood, and led the Defendant to proceed from the viewing side to the private distance of the said elementary school.
At all times, in the vicinity of an intersection where signal, etc. works normally, the defendant engaged in driving service has a duty of care to safely drive the signal while reducing speed, keeping the front door well, and accurately operating the steering and steering system.
Nevertheless, the Defendant was a victim C(19 years old) who was waiting for a signal signal at the front direction of the same proceeding due to negligence while neglecting the front direction while making it difficult for the Defendant to drive the vehicle 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 influence of drinking, and the Defendant suffered injury such as the victim E (19 years old) and the victim F (19 years old) who is a passenger of the said vehicle.
2. Violation of the Road Traffic Act (driving) driving of a wing-in truck under the influence of alcohol by 0.140% from the 3km section from the 3km section to the place indicated in paragraph (1) on the roads in front of the Si/Y Eup high school located in the Si/Eup/Myeon from the day indicated in paragraph (1) of this Article.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. The E and C statements;
1. Each written diagnosis;
1. Application of Acts and subordinate statutes to the ledger of use of a drinking measuring instrument and a report on detection of a driver;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.