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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around April 22, 2018, the Defendant violated the Road Traffic Act (drinking) driven a FMW car under the influence of alcohol by driving the FMW car from the C beerhouse located in Gangdong-gu Seoul Metropolitan Government to the E beer’s front road located in Gangdong-gu Seoul Metropolitan Government, with a distance equivalent to about 1km equivalent to 0.160% alcohol content during blood.
2. The defendant is a person engaging in driving service of the said car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
At the time of the day specified in paragraph 1, the defendant was going to go in the direction of the village where the roads in front of the gas station of the above E are installed, and the defendant was going to go in the direction of the private distance.
In this case, there was a duty of care to prevent a person engaged in driving of a motor vehicle from driving a motor vehicle under the influence of alcohol or drugs.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and led the Defendant to shock the back part of the victim G (62) driving H K5 si in the signal waiting, with the top part of the said BMW car.
Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, resulting in the injury of the victim, such as cerebral aculse, which requires approximately three weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. G statements;
1. A medical certificate;
1. Traffic accident reports, reports on the detection of drivers at home, reports on the circumstances of drivers at home, and investigation reports (the aforementioned dmark);
1. Application of the photographic Acts and subordinate statutes;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;
1. Aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated;
1. Suspension of execution;