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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 motor vehicle BVS in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)
On March 23, 2019, at around 00:58, the Defendant driven the said car within the parking zone line installed in front of the “D” located in the Gu C while in a while under the influence of alcohol of 0.132% of blood alcohol level.
At the time, there was another vehicle in the vicinity that was difficult to see at the time, and in such a case, there was a duty of care to prevent accidents by accurately operating the steering gear and operating the steering gear, and to safely drive the vehicle.
Nevertheless, the Defendant neglected this and caused injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks by taking the back part of the Defendant’s vehicle E (the 61-year-old driver) driving in the front parking zone line of the rear parking zone where the Defendant was under the influence of drinking, due to the negligence that the Defendant was under the influence of drinking, while driving normally due to the influence of drinking.
2. The Defendant violated the Road Traffic Act (driving) driving the said car within the parking zone line installed on the street in front of the “D” located in the Gu C while he was under the influence of alcohol 0.132% of the blood alcohol level at the time and time set forth in the above paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement concerning E and G;
1. A traffic accident report;
1. A criminal investigation report and a criminal investigation report (CCTV image analysis);
1. Notification of the control results of drinking driving;
1. A medical certificate;
1. Application of the Acts and subordinate statutes on site photographs and CCTV images-fix photographs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 16037 of the former Road Traffic Act as to December 24, 2018.