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A defendant shall be punished by imprisonment for not more than ten 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
The defendant is a person engaged in the operation of BMW car.
1. Around 00:29 on April 6, 2019, the Defendant driven the said BMW car under the influence of alcohol concentration of approximately 0.132% in the section of approximately 3km in the vicinity of the road located in the horizontal east-dong of Suwon-si, Suwon-si, from the Do near the Suwon-si C apartment, to the end intersection located in the horizontal road of Suwon-si.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said BMW car under the influence of alcohol on the four-lane road near the horizontal intersection road in the sphere of the horizontal zone at the time and time set forth in paragraph (1) of the same Article, along with three-lanes from the high luminous distance along the three-lane distance.
At the time, there was an intersection where signal apparatus was installed at night, and in such a case, there was a duty of care to prevent accidents by accurately manipulating the brake system to those engaged in driving service.
Nevertheless, as a result of the Defendant’s negligence of neglecting this and failing to properly operate the brake system under the influence of alcohol, the Defendant was in the front part of the Defendant’s vehicle, following the victim D(56 years old) driving, which was parked in the signal atmosphere at the front of the Defendant’s vehicle.
Ultimately, the Defendant driven the said BMW car in a state where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. in need of treatment for about two weeks to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. A hospital diagnostic certificate;
1. Application of traffic accident reports, notification and output of the results of the regulation of drinking driving, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), victim vehicle photographs, and photographic Acts and subordinate statutes to photograph victims;
1. Criminal facts;