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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence 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 Oba in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).
On January 23, 2016, the Defendant driven the 00:01 0.169% alcohol concentration in the blood transfusion on January 23, 2016, which is difficult to drive normally due to the difficulty of driving, such as being scambling and walking, while under the influence of alcohol, the Defendant driven the above scamba on the side of the end of the Southern-gu Seoul Central Park.
The Defendant, while under the influence of alcohol, was negligent in driving the Defendant, and caused the Defendant to suffer injury, such as brain, which requires approximately two weeks of medical treatment, by shocking the victim E (44 cm) who was moving to port from the right side of the running direction of the Defendant, into the front part of the above lebane.
As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, thereby causing the injury of people.
2. The Defendant, at the time and place specified in paragraph 1, driven the otob in a state of under the influence of alcohol content of 0.169% in blood at the same time and place.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A traffic accident report, a traffic accident actual investigation report, and on-site photographs;
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (Selection of imprisonment with prison labor, respectively);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Consideration of the scope of recommendations based on the sentencing guidelines for traffic crimes with reasons for sentencing under Article 62 (1) of the Criminal Act, the criteria for suspension of execution, and the fact that the accused has no record of other crimes except for juvenile protective disposition twice;