Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in the duty of driving a C Eth Motor Vehicle.
On February 2, 2014, at around 05:07, the Defendant driven the said car while under the influence of alcohol of 0.123% of blood alcohol concentration, and driven the road front of the mountain treatment apartment located in Daegu Northern-gu at an insular speed along the Do three-lane away from the boundary of the duneso road, and was negligent in failing to perform his duty at the front direction, thereby obtaining the victim D (the 60-year age) crossing the road on the front direction of the Defendant’s driver’s vehicle to the right side of the road through the crosswalk, by neglecting his duty at the front direction.
The Defendant, by these occupational negligence, sustained bodily injury to the victim, such as the continuous shooting of radiation and drugs, and the mouth of the right mouth, which requires physical therapy for about one year.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Each police statement of E and D;
1. Medical certificates and respective opinions;
1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;
1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey report;
1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment) concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] is the basic area (the person subject to special mitigation) (the person subject to special mitigation) / Cases where illegality in the proviso of Article 3(2) of the Special School Act is serious (the decision of sentence] under the influence of alcohol and causing the instant accident while driving while under the influence of alcohol, and the victim suffers the injury that requires continuous medical treatment for a period of one year.