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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
1. The Defendant is a person who is engaged in driving a vehicle at the end of C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On May 5, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.217% in the blood transfusion around 00:20 on May 5, 2017, and proceeded along one lane in front of the E convenience store in the south-gu, East-gu, East-gu along the intersection from the parallel side to the parallel line.
At the time, since it is at night, there was a duty of care for those engaged in driving of motor vehicles to live well on the front side and the left side, and to operate safely by accurately operating the steering and brakes.
In such a situation, the Defendant neglected to drive under the influence of alcohol and neglected to do so, thereby resulting in the Plaintiff’s failure to drive the car at the left-hand side of the proceeding direction, and received the part on the left-hand side of the Defendant’s vehicle driving GK7 car driving in the left-hand side of the proceeding direction.
Accordingly, the Defendant suffered injury to the victim, such as dump dump dump, tension, etc., which requires approximately two weeks of medical treatment due to the above occupational negligence.
2. The Defendant driven the said vehicle under the influence of alcohol concentration of approximately 0.217% from the 2km section of blood alcohol level from the 8-26-lane in South-gu, Chungcheongnam-gu to the 8-dong-dong, Nam-gu, Seocheon-gu, Chungcheongnam-do around the time and time indicated in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. A survey report on actual conditions;
1. Report on the occurrence of a traffic accident;
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. A medical certificate;
1. Application of Acts and subordinate statutes on site photographs;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the occupation of causing harm to the driving of danger, the choice of imprisonment), and Article 148-2 (2) 1 of the Road Traffic Act (the occupation of driving of drinking and the choice of imprisonment);
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.