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A defendant shall be punished by imprisonment for not less than eight 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
1. The Defendant is a person who is engaged in driving a vehicle in C in a manner that is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On May 12, 2018, the Defendant driven the above car at around 22:40, and driven the five-lanes of the five-lanes in front of Gangdong-gu Seoul, Gangdong-gu, Seoul, the five-lanes of the five-lanes from the river basin to the shooting distance of a sexual heart hospital at the speed of about 50km.
In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating and operating the steering gear, etc. of the driver of the motor vehicle.
Nevertheless, the Defendant: (a) was under the influence of alcohol to the extent that he did not immediately walk the inquiry of the police officer, and (b) was unable to walk, and (c) was negligent in neglecting the front-way vision, and (d) was driven by the victim E (35 years old) who was driving on the scam in order to avoid the right-hand side on the front side by negligence; (b) the Defendant she scam the rearer of the F-learning car driven by Defendant E (37 years old) and suffered approximately two weeks from the victim G (37 years old) who was on the front line of the Defendant’s vehicle and on the front line of the above E and the chief police officer, respectively.
As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.
2. Around 22:40 on May 12, 2018, the Defendant violated the Road Traffic Act (drinking) driven a C-type car with approximately 600 meters alcohol concentration at around 0.215% while under the influence of alcohol level around the front road of Gangdong-gu Seoul Metropolitan Government D, Gangdong-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement of E and G;
1. A report on detection of a driver at the main place and a result of respiratory measurement;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of a motor vehicle) concerning the same offense;
1. Selection of each sentence of imprisonment;