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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a vehicle BSM 5.
On June 29, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.120% 0.120% as of June 29, 2016, and led to a four-lane road of 78.7km at a point of 78.7km in the Seoul East-gu, Gyeyang-gu, Incheon, along a single-lane from the front intersection to the front intersection.
The Defendant, while driving a motor vehicle in a situation where normal operation is difficult due to influence of drinking such as redlight belt on the inside of the inside, was driven by the victim C(the age of 61) who was driving a motor vehicle and was driving a two-lane, and was driving the motor vehicle on the left side of the said SM5 motor vehicle, suffered injury, such as a dust that requires approximately two weeks of medical treatment.
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.
2. The Defendant violated the Road Traffic Act (driving) driving a SM5 car as stated in paragraph (1) while under the influence of alcohol of about 0.120% of alcohol concentration from about 5km section from the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the place specified in Paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The survey report on the actual situation and the results of the crackdown on drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Articles 5-11 and 148-2 (2) 2 and 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing in Article 62-2 of the Criminal Act [Scope of Recommendation] of the General Traffic Accidents Act (Bodily Injury caused by traffic accidents) is mitigated area (one month or August).