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A defendant shall be punished by imprisonment for six 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
The Defendant is also a person who is engaged in the driving of the bareboat cargo vehicle.
On July 2, 2013, the Defendant driven the said vehicle under the influence of alcohol content of 0.201% with alcohol content of 0.205, and proceeded with the road of the first car line in front of the telegraph poles located in the 233th Epiri, Gangwon-gu, Suwon-gun, Suwon-gun, Dongwon-gun, and the first car line in front of the telegraph poles located in the 233th Epiri-gu, Gangwon-do.
At that time, there is a single straight line, and at that time, the driver of the vehicle has a duty of care to safely drive the vehicle in a clear mind to prevent all accidents by driving the vehicle safely, such as to reduce the speed of the ordinary in a clean mind.
Nevertheless, the Defendant, at the time, driven the above vehicle in such a state that the Defendant was able to drive the vehicle in such a state that he can not do normal physical operation and accident to the display of the sign, and left the road at the point of the accident, leaving the road, and was shocked by the electric poles installed on the left side of the course to the right side of the course, and was drained by the front part of the vehicle.
As a result, the Defendant suffered injury to the victim C (the 50-year-old) who was accompanied by the head of the Defendant’s vehicle in a situation where normal driving is difficult due to the influence of drinking, such as the escape of the shoulder, which requires approximately four weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. The actual condition survey report;
1. A report on detection of a host driver;
1. A report on whether to drive any dangerous motor vehicle;
1. The circumstantial report of an employee;
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes of the Medical Certificate (C);
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.