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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
On December 24, 2017, when the Defendant was under the influence of alcohol 0.131% from blood alcohol level, and was under the influence of driving at a normal speed of 0.131%, the Defendant was driving the Category D company front of the D company located in Young-gun C on the surface of the Military Security Center in Young-gu, Young-gu. At the night, the Defendant was under the duty of care to safely drive the vehicle, and the Defendant was under the duty of care to safely drive the vehicle due to his failure to do so, and the Defendant was under the duty of care to safely drive the vehicle. The Defendant was under the duty of care to safely drive the vehicle at the right side of the above SM7, and was under the duty of care of the victim E (36 years old, under the duty of care of the victim, under the duty of care to safely drive the vehicle. The Defendant was under the duty of care to drive the vehicle at the right side of the upper line, and the Defendant was under the duty of care of the victim and the victim’s 2 week.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. G statements;
1. Each photograph (the sequence 4,5 in the list of evidence);
1. Statement of the circumstances of the driver involved in driving;
1. Investigation report (report on the situation of the driver in charge); and
1. The circumstantial report (whether to drive any danger);
1. Application of statutes to copies of each written diagnosis;
1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury or Injury resulting from Dangerous Driving));
1. Selection of each sentence of imprisonment;
1. The maximum term of the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 [the maximum term of the punishment provided for in each of the above crimes shall not exceed the maximum term of the punishment provided for in the above crimes: Provided, That the minimum term of the punishment provided for in the traffic laws violations shall be set;