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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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (ADD) is a person engaging in driving a car with CND.
On February 2, 2013, at around 05:00, the Defendant driven the above vehicle while under the influence of alcohol of 0.128% of blood alcohol concentration, and led the Defendant to drive the said vehicle at a speed of 0.128% on the side side of the Suwon-si, Suwon-gu, Suwon-si (Yon-gu, Changwon-gu, Changwon-si), leading to the bereaved family in the fourth side of the Suman-si complex, leading to the family’s back road at which it is impossible to identify the side
At this time, since the victim D was walking prior to the roadside, the person engaged in driving service had a duty of care to confirm and drive the safety after reducing the speed and stopping the damage at sufficient intervals.
Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this, and the Defendant was placed on the left side of the victim, who was placed on the right side of the Defendant driving vehicle, and faced with the vehicle parked in excess of the victim.
The Defendant, by negligence in the course of performing such duties, immediately stopped, and escaped without taking necessary measures, such as aiding and abetting the victim, even though he/she sustained bodily injury, such as a scarcity of a scarke wall, which requires treatment for about two weeks.
2. A violation of the Road Traffic Act (LA) driving the said vehicle under the influence of alcohol concentration of 0.128% from the 7th head of Sinpo-si in Gwangju Metropolitan City to the 7th day of Sinpo-gu Changpo-gu, Supo-gu, Supo-si (YA-dong), the Defendant driven the said vehicle under the influence of alcohol concentration of 0.128%.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 of the Road Traffic Act.