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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving service of Cbes or automobiles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
On May 20, 2017, around 05:30 on May 20, 2017, the Defendant proceeded at a speed of about 90 km from Yancheon-gu Incheon Metropolitan City D, to the Yancheon-gu department department store at the speed of about 90 km each hour according to two lanes.
Since it is a road with a speed of 60 km per hour, there was a duty of care to safely drive a person engaged in driving a motor vehicle by complying with the speed limit.
Nevertheless, under the influence of alcohol content 0.072% in blood while neglecting this, the victim E (the 18-year-old age) who was crossinged the crosswalk without permission was placed in front of the said car, while making a limited speed more than 30 km per hour.
Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., f., pulverization of the left-hand level of 12 weeks in need of treatment.
2. Around 05:30 on May 20, 2017, the Defendant, while under the influence of alcohol content of 0.072% during blood transfusion, driven Cbeer or a car and proceeded with a distance of about 2 km from the roads of Yong-gu Incheon, Nam-ro 4, Yong-gu, Incheon to the roads of Yong-gu, Incheon.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Investigation report (the above rarely applicable case);
1. Response to a request for appraisal;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 3 (1), the proviso to Article 3 (2) and Article 3 (3), Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Determination of Punishment, and Articles 8 (Selection of Occupational and Occupational Points), and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act (to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes);
1. The Criminal Act, the suspension of execution;