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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 12, 2005, the Defendant was sentenced to a fine of 700,000 won for the crime of violation of the Road Traffic Act at the Jeonju District Court on January 12, 2005. On May 31, 2011, the Defendant was sentenced to a fine of 3 million won for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) in the Gangnam Branch
1. Around 22:00 on March 29, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D Driving) caused the Defendant’s injury to the Defendant, such as climatic salt, etc. that requires approximately two weeks’ medical treatment to the Defendant’s driver’s seat, by shocking the back portion of the driver’s seat on the side of the victim D (26 years old) driving car driving in the opposite part of the Defendant’s car driving where the Defendant’s car was driven in a normal manner, from the front side of the 104-lane apartment of the 104-ro, Gangnam-gu, Gangseo-gu, Gangnam-gu, Gangnam-gu, Gangnam-gu, Gangwon-do.
2. The Defendant violated the Road Traffic Act (driving) at the above time, at the above place, driven a section of approximately 300 meters from the street in front of the “maid rain” located in the Gangseo-si Cancer to the street in the same Dong from the street in the front of the “maid rain” which was under the influence of alcohol level of 0.148%.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A traffic accident report;
1. On-site photographs;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. A medical certificate;
1. Application of Acts and subordinate statutes governing hospitalization;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;