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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
On October 6, 2012, the Defendant driven a blood alcohol 0.198% while under the influence of alcohol on October 6, 2012, the Defendant caused a traffic accident that caused the Defendant’s driver’s car’s car’s car’s car driving in the direction of 0.198% by driving the B T-L car and driving the 290km point on the coastn Highway located north-west of Pyeongtaek-si, Seo-gu, Seoul, along the three-lane Seoul, at the right angle.
Due to the above traffic accident, victims D(29 years old), victims E(42 years old), victims F(38 years old), victims G(39 years old), victims H(n), victims H(44 years old, women), etc. need to receive approximately two weeks of medical treatment, respectively. The damaged vehicles were in charge of approximately 2,560,158 won of repair cost.
Nevertheless, the defendant escaped without taking necessary measures, such as aiding the victims.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Statement made to D by the police;
1. The actual survey report on traffic accidents;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of a sound driving after destroying or damaging an article);
1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trade between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of the Road Traffic Act);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.