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A defendant shall be punished by imprisonment for six 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
The defendant is a person who is engaged in driving a low-speed car B.
On July 2, 2016, the Defendant driven the said car under the influence of alcohol level of 0.118% on blood alcohol level on July 2, 2016, and driven the said car to the above apartment 106-dong apartment 105-dong, in the direction of the Kancheon-si.
At the time, it is difficult to secure the view due to the night, and in such a case, there was a duty of care to safely operate the steering system and the steering system by properly operating the steering system.
Nevertheless, the Defendant neglected this and went to the left-hand part of the DNA car driven by the victim C (I, 41 years old) who stops at the right-hand side of the running direction due to the negligence of driving while under the influence of alcohol.
As a result, the Defendant suffered injury to the victim, such as brain salvins, which requires medical treatment for about two weeks due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Report on circumstances of a drinking driver, and notification of the result of crackdown on driving;
1. A survey report on actual conditions, on-site photographs, and on-site map;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article applicable to the facts constituting an offense, Article 3 (1) (proviso) and Article 3 (2) (proviso) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation, an order to attend a lecture, or a reason for sentencing under Article 62-2 of the Criminal Act [decision of type] of general traffic accident (the injury of a traffic accident) - Where minor injury has occurred (the injury of a special person): - Where drunk driving, etc. is conducted;