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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 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 Category B car.
On July 9, 2017, the Defendant driven the said car under the influence of alcohol content of 0.182% during blood transfusions on July 15, 2017, and led to the flow of the said car from the private street room near the bus stops in Switzerland-ro, 2352-12 to the vacant distance.
Since there is a place where a signal, etc. is installed, a person engaged in driving service has a duty of care to drive safely in accordance with the signals by reducing speed and by properly examining the right and the right of the road.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, was driven by the victim C (Woo, 41 years old) who is waiting for a signal at the front bank by negligence, and was driven by the victim C (Woo, 41 years old).
As above, Defendant 1 driven a car in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim, such as brain-dead, which does not have any wound in two opens requiring two weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A survey report, six photographs, diagnosis report, and investigation report (on-site state, etc. of drinking traffic accidents);
1. Notification of the results of crackdown on drinking driving, statement of the situation of the driver driving, report on risk driving, and inquiry about the results of crackdown on drinking driving;
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 death or injury to a dangerous driving, the choice of imprisonment), and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the occupation of drinking alcohol and the choice of imprisonment);
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for the above two crimes, however, the lower limit shall be that of the punishment determined for the crimes of violation of traffic laws on roads;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course;