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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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (driving) are those engaged in driving of B rocketing and other automobiles;
On January 6, 2013, at around 15:25, the Defendant driven the said car while under the influence of alcohol with 0.15% of alcohol concentration 0.15%, and driven the said car at the same speed as the East-dong line, East-gu Seoul Metropolitan Government, the Gun Fluence, which is located in Seongdong-gu, was driven by the victim C (30 years old) driving on the two-lanes from the front side of the Defendant while driving the Gun Fluence at an insible speed from the front side of the Defendant’s vehicle to the front side of the Defendant’s vehicle.
As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking such as walking, etc. with red and long-distance, and suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks.
2. On January 6, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.162% at around 19:58, the Defendant driven the said car at a section of about 150 meters from the roads on which the Seongdong-gu Seoul Metropolitan Government Divekdong located to the roads located in the same 288 location.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement on the occurrence of traffic accidents, supplementary statement;
1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;
1. Reports on the statement of the current status of each drinking driver, and control note;
1. Application of Acts and subordinate statutes to a written diagnosis and estimate;
1. Article applicable to criminal facts;
(a) Injury caused by dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;
(b) Point of driving under the influence of alcohol: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; and
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the aggravated punishment for the death or injury resulting from dangerous driving) shall be applied: Provided, That the maximum term of each crime shall