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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is engaged in the duty of driving two cargo vehicles.
1. On February 9, 2018, the Defendant driven the Poter Cargo under the influence of alcohol level of about 0.085% in the 1km section from the 1km section to the road in front of the same city at the Han-dong Intersection Do-si, Jin-si, Jin-si on February 22:42, 2018.
2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said vehicle under the influence of alcohol at the above hour and driving it along one lane between the two-lanes in front of the above C, and led the said vehicle to the right-hand intersection from the court intersection to the green-sea intersection.
At the time of night, there is a duty of care to reduce speed to a person engaged in driving business, thoroughly and safely drive a motor vehicle to prevent accidents in advance.
Nevertheless, the Defendant neglected this and started driving in the same direction, and found it late to stop the E-Bluri vehicle in order to maintain the signal atmosphere. However, the Defendant did not avoid the vehicle, and was in the front part of the Defendant’s vehicle with the front part of the foregoing Tbluri vehicle, resulting in the Defendant’s injury to the Defendant, which requires approximately two-day medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements prepared in D;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);
1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act, which shall be aggravated for concurrent crimes, shall be imposed.