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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 engaging in driving a vehicle BM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).
On November 10, 2012, the Defendant driven the said vehicle at a speed of 0.182% with a blood alcohol concentration of 02:47%, and continued to drive the said vehicle at a speed of about 60km at a speed of about 60km from the entrance and shooting distance of the water market at the distance of the liver-dong, Incheon Metropolitan City.
In this case, there was a duty of care to prevent accidents by accurately operating steering devices and brakes for those engaged in driving business, and by properly checking the boom and left and right of the vehicle.
Nevertheless, the Defendant, while neglecting the influence of alcohol and proceeding as it is, led to the fault of the Defendant’s vehicle in the direction of the running of the Defendant’s car, followed by the victim C’s left-hand side of the victim C’s D taxi in the direction of the running of the Defendant’s car and the pent and the pent and the rear tail were shocked by the Defendant’
Ultimately, the Defendant driven the said car in a situation where it is difficult to drive the car normally due to influence of drinking, and suffered injury, such as light and fluoral salt, for about two weeks, to the victim E (the 23 years old) who is the passenger of the said taxi.
2. Violation of the Road Traffic Act (MM5 vehicle) was driven by the Defendant under the influence of alcohol of 0.182% of the blood alcohol concentration from the section of an insular distance to the roads front of the construction of the oil station in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, from the date and time under paragraph (1) of this Article.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C and E;
1. Reporting on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, and photographs of each photograph, picture, and black screen;
1. Report on detection of, and internal investigation into, a driver (for measuring of a suspect's drinking and for the application of the Ba mark);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Facts that constitute a crime are causing danger to driving;