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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The defendant is a person engaged in driving a B earth and a car.
On May 29, 2014, at around 20:55, the Defendant, while under the influence of alcohol, 0.104% of blood alcohol concentration, 0.104% flows, and a little string distance is unstable, such as snow shock, red color, etc., which makes it difficult to drive normally due to the influence of drinking, the Defendant driven the said vehicle, driving the said vehicle, driving the vehicle on the rear side of the Sungdong-dong Elementary School at the time of the race, and driving the road front of the front side of the two string distance from the string apartment.
A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents by safely driving the motor vehicle, such as accurately operating the steering gear and steering gear.
Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and operation system under the influence of alcohol, and caused the following side of the EXE car driven by the injured party C (hereinafter referred to as 47 years of age) in the front of the car.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (the 17 years of age) who is a partner of the said car and the said X-ray car, respectively, for about two weeks of medical treatment.
2. Around 20:55 on May 29, 2014, the Defendant driven B earth and car under the influence of alcohol with a blood alcohol concentration of 0.104% from a section of about 500 meters from the front line of the Labor Dok-dong, Seodong, Ho-dong, Hodong, to the post-west road of the Sung-dong, Seo-dong, Seo-si.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of C;
1. The actual condition survey report;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Relevant provisions concerning facts constituting an offense;