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A defendant shall be punished by imprisonment for one year.
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 duties of K7 cars.
On January 3, 2020, the Defendant driven the above vehicle under the influence of alcohol of 0.116% on blood alcohol concentration at around 01:20, while he was negligent in driving the front road of Gangnam-gu Seoul along the two-lanes from the south side of the Cheongdo-gu Intersection to the south side of the Cheongdo-dong Intersection, which was driven by the victim D (Nam, 65 years old) who was standing in the front direction of the signal in the front direction while he was negligent in driving the front direction of the road of Gangnam-gu Seoul.
Ultimately, the Defendant, while driving in a state where normal driving is difficult due to the influence of drinking, was inflicted on the victim and the victim FF (ma, 27 years old), who was on board the said taxi, for about two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of D traffic accidents;
1. Notice of pulmonary measurement records and the results of the drinking driving control, and each medical certificate;
1. Application of the Acts and subordinate statutes to each photograph, scambling video CDs;
1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, and Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act (a point of drinking driving);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. Scope of punishment by law: One to seven years of imprisonment;
2. The sentencing guidelines prior to the enforcement of the Act on the Aggravated Punishment, etc. of Specific Crimes amended on December 18, 2018 are the scope of the recommended sentencing guidelines according to the sentencing guidelines. As such, consideration shall be given only for reference.
[Determination of Punishment]