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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On April 24, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) at around 19:30 on the roads in front of the C cafeteria located in the Southern-gun, Southern-gun (Seoul-gun), and the Defendant conflict with the part front of the left-hand part of the Defendant’s freight vehicle in front of the Defendant’s left-hand-hand-hand-hand-hand-hand-hand-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-on-hand-on-on-hand-on-on-hand-on-hand-on-on-hand-on-hand-on-on-hand-on-hand-on-hand-on
As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol or drugs, and caused the victim to suffer from an injury to the framework of the body of the light-breath, accompanied by a non-alley breath in need of medical treatment for about 14 weeks.
2. The Defendant violated the Road Traffic Act (drinking) driving a D Poter in the state of alcohol alcohol concentration of approximately 0.171% from the 2K section from the day before the H restaurant located in the Southern Sea G in the Gyeongnam-gun of the city of the above day to the day before the C Poter located in the same Gun B.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. On-site photographs and vehicle photographs;
1. E statements;
1. Statement made to I by the police;
1. Application of Acts and subordinate statutes to medical certificates, heavy injury opinions, and statutes;
1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime;
1. Selection of each sentence of imprisonment;
1. Reasons for sentencing of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, of which punishment is heavier, shall be aggravated: Provided, That the lowest sentence shall be determined by the punishment specified for the crime of violating the Road Traffic Act];
1. Sentencing.