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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
The defendant is a person who is engaged in driving a D-domint XD car.
On August 18, 2016, the Defendant driven the above car on August 18, 2016, while under the influence of alcohol 0.172% of the blood alcohol concentration, the Defendant continued to drive the two-lane road in front of Incheon Gyeyang-gu, Incheon, at a speed of about 20km from the long-term distance outflow to the Kimpo-section.
At this point, there is a place where the center line of yellow solid lines is installed, so in such a case, there was a duty of care to prevent a person engaged in driving service from harming the center line.
Nevertheless, the Defendant neglected this and received the front part of the H bargaining car driven by the victim G (the age of 27) as the front part of the said H bargaining car, which was driven by the injured party G (the age of 27) due to the negligence of the U.S. in the middle line.
As above, the Defendant driven the said car in a state where it is difficult for the Defendant to walk without walking due to a little influence of drinking, and it is difficult to drive the car normally due to the shock of snow, etc., and suffered injury, such as the inside and outside of the area where the victim needs to receive approximately three weeks medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning G;
1. A survey report on actual condition, a report on the results of the control of drinking driving, a report on the repair of the circumstantial records of drinking drivers, and an investigation report (applicable with the Madmark formula);
1. Application of Acts and subordinate statutes of the injury diagnosis 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 under Article 62-2 of the Criminal Act [the scope of recommending sentence] general traffic accidents in category 1 (Bodily Injury resulting from Traffic Accidents) and driving under the influence of alcohol.