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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
The defendant is a person who is engaged in driving a Bran vehicle.
On July 14, 2017, the Defendant, while under the influence of alcohol level 0.298% from blood alcohol level around 01:40 on July 14, 2017, driving a four-lane from the Dju store in Bupyeong-gu Incheon Metropolitan City, thereby driving the franchising car at the front of the Dju store in Bupyeong-gu, Incheon.
In such a case, there was a duty of care to ensure the safe operation of the brakes by properly operating the brakes while keeping the tea well with the driver of the vehicle and keeping the brakes well.
Nevertheless, under the influence of alcohol, the Defendant did not properly operate the front city and brakes, and did not go beyond the central line, and did so in the direction of the NAN in the direction of the market at the NAN in the front road, which led to the impact on the left-hand part of the driver's car driving of the victim E(50) who was going in the direction of the market at the NANR in the direction of the NANR.
After all, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, suffered injury such as salt, tension, etc. of the bones of wood that requires approximately three weeks medical treatment to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of the occurrence of a traffic accident of E;
1. A traffic accident investigation report, a report on the detection of a driver involved in the primary driving, and a statement on the circumstances of the driver involved in the primary driving;
1. Application of Acts and subordinate statutes (three weeks);
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;
1. The punishment provided for in the former part of Article 37 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is heavier (the above two crimes are aggravated).