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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On September 10, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Busan District Court’s Vice-Support.
【Criminal Facts】 On November 9, 2019, the Defendant was negligent in failing to properly operate the brake system, etc., while driving the E-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-
Ultimately, the Defendant, who violated the provision prohibiting drinking driving, drives the said Aburged vehicle under the influence of alcohol again while under the influence of alcohol, suffered from the injury of the drilling, the cryp salt, etc., which requires approximately two weeks of treatment, and escaped without taking necessary measures, such as providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Traffic accident reports, accident site photographs, reports on the occurrence of traffic accidents, statements on the occurrence of traffic accidents (defendants, victims) and lists of evidence concerning investigation reports;
9. 10
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. A medical certificate;
1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of the same criminal records, etc.), and application of Acts and subordinate statutes of a copy of summary order;
1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the criminal facts;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The Criminal Act, the suspension of execution;