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A defendant shall be punished by imprisonment for six months.
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
1. The Defendant is a person who is engaged in driving a car with B windowatom in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
On July 20, 2017, the Defendant driven the said car at around 03:40, and operated the said car at around 760 floak-gu Uniform-gu, Goyang-si along the first two-lanes of the 760 floak-gu, Goyang-gu, Seoul, with a power-free area located in the middle of 0.079% of alcohol in the blood alcohol level, and the Defendant was on duty and on duty, the victim C (n, 70), who dried the crosswalk at the right side of the said car under the pedestrian name of the pedestrian on the left side of the said car (77 years old), brought about approximately 8 weeks of treatment to the victim C, 2,3,4, 4, 5, 5, 1, 2, 2, 4, 2, 4, 4, and 2, 4, and 2, 3, 4.
2. The Defendant violated the Road Traffic Act (drinking driving) driving a car at B windowsom with alcohol content of 0.079% under the influence of alcohol level as set forth in paragraph 1 at a temporary place, such as Paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A survey report on actual condition, CCTV images for crime prevention and on-site photographs;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);
1. Making a choice of imprisonment without prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment and the crime against the violation of Road Traffic Act;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act [the favorable circumstances].