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A defendant shall be punished by imprisonment for not more than ten 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
At around 21:40 on June 1, 2014, the Defendant, while under the influence of alcohol 0.154% of blood alcohol concentration, was driven by C Coin also driven a car with Ccoin, which is located in the 77-day Han University of Korea, as an apartment site for “Neung Scke cann’t drive normally due to the influence of drinking, and the Defendant suffered injury, such as dypus dypus, etc., of the victim D(44 years old) driving, which was driven from the opposite fee, while driving the car on the part of the main part of the Defendant’s vehicle, and driving it on the part of the 5-day medical treatment for the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements prepared in D;
1. The application of relevant photographs, traffic accident actual investigation reports, reports on requests for appraisal, and medical certificates (D) Acts and subordinate statutes;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving). Selection of imprisonment with prison labor;
1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);
1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);
1. Order of community service: The sentence shall be imposed as ordered in consideration of all of the following circumstances, including the recommendation and sentence scope [in case of traffic crime group, general traffic accident, type 1 (injury of traffic accident), basic area (in case where illegality in the proviso of Article 3(2) of the Education and Specialized Law is serious, in case where the illegality in the proviso of Article 3(2) of the Education and Specialized Law is serious, special mitigation is not imposed), April - 10 months] on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., and all of the following circumstances. The favorable normal circumstances are recognized as favorable: the fact that the facts of crime are recognized and seriously against the victim; the fact that there is no prior conviction exceeding