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A defendant shall be punished by imprisonment for one year.
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
1. The Defendant is a person engaging in driving a vehicle B K5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
On July 9, 2018, the Defendant driven the above vehicle while under the influence of alcohol level of 0.236% during blood transfusion around 17:45 on July 9, 2018, and led to the driving of the vehicle in front of the bus stops for the first apartment complex located in Bupyeong-gu in the direction of netcheon City.
No person engaged in driving service shall drive a motor vehicle while normal driving is difficult due to the influence of drinking.
At the time, the Defendant was in a difficult condition to drive normally due to the influence of drinking, such as smelling, rhythm, strhym, snow, booming, and partial red booming, etc.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol while driving as it is while driving, and the part of the back part of the DK3 car driven by the victim C (V, 52 years old) who is waiting for a signal at the front of the vehicle.
Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as chromatic salt, tension, etc., which requires approximately two weeks of treatment.
2. The Defendant was driving a vehicle under the influence of alcohol level of 0.236% at the same time and at the same place as paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A survey report on actual conditions;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. A circumstantial report on a dangerous driver;
1. Each written diagnosis;
1. Application of Acts and subordinate statutes on the scene of traffic accident;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;
1. The aggravated Criminal Act for concurrent crimes.