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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car in B.
On October 24, 2018, the Defendant, while under the influence of alcohol at 06:25% of blood alcohol concentration, proceeded at a speed of about 50km in the speed of about 50km in the direction of merchants in front of the mountain tunnel, with the road of 545 square meters in the front cycle of Daegu Nam-gu, Seoul Metropolitan City.
A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front side and the left side well.
Nevertheless, under the influence of alcohol, the Defendant changed the course from the first line to the second line while driving the vehicle from the second line, and changed the course from the second line to the second line, followed by the Dribero of the victim C(55 years old) driving, to the left-hand of the first line to the driver, and led the driver to the left-hand side of the vehicle driven by the Defendant, and led the driver to turn the vehicle to the right-hand side.
Ultimately, the Defendant suffered injury due to the failure to receive treatment days due to the above occupational negligence, such as unknown consciousness due to the suspension of treatment days.
2. On October 24, 2018, at around 06:25, the Defendant driven a B SP car while under the influence of alcohol leveling 0.124% from the 2km section of approximately 2km to the 545 knive circulation of the same Gu from the roads in front of a mutually influent restaurant located in the Dobong-gu, Daegu-gu, Daegu-gu to the knive circulation of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. E statements;
1. The actual condition survey report;
1. An accident scene photograph;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes to which an investigation report-medical certificate is submitted;
1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) concerning criminal facts, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act.