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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person engaged in driving a gallon car.
At around 22:40 on September 13, 2018, the Defendant, while under the influence of alcohol with 0.169% of blood alcohol concentration, driven the said car at the “Cheongju-gu Parking Site” parking lot located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the Defendant driven the said car at a speed of about 30 to 40km per hour, depending on two lanes from the “Cheongju-gu Sports Center.”
At night, a person engaged in driving of a motor vehicle has a duty of care to check the safety of course by checking well the front left, to accurately operate the steering direction and brake system, and to prevent accidents in advance, such as regulating speed in advance, safe driving, etc.
Nevertheless, the Defendant neglected to drive a car under the influence of such drinking as above and proceeded as it is, due to the negligence of the Defendant’s failure in driving before and after the Defendant’s driving, received the part of the rear part of the victim D(30 years of age) driving E in order to wait for the signal at the front of the Defendant’s driving.
After all, the Defendant suffered injury to the victim D and the victim F, who is the passenger of the victimized vehicle, due to the above occupational negligence, such as salt, tensions, etc. in need of treatment for about two weeks, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G and D;
1. The actual condition survey report;
1. Photographs of the accident site;
1. The circumstantial statement of the employee;
1. A medical certificate;
1. Application of Acts and subordinate statutes to investigation reports;
1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;