Text
A defendant shall be punished by imprisonment for not less than eight 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
1. On August 9, 2014, at around 00:25, the Defendant driven a B rocketing car with a blood alcohol content of 0.237% under the influence of alcohol at the section of approximately 2.5km from the alcohol house near the Geumdong Station of Gangnam-gu Seoul, Seoul to the front of the shooting distance, regardless of the distribution base of Seocho-gu, Seocho-gu, Seoul.
2. A violation of the Road Traffic Act (unnecessary Measures after Accidents) was committed by the Defendant at the beginning of Seocho-gu in Seoul, Seocho-gu, as stated in paragraph (1) of this Article, while driving the said bus at the beginning of Seocho-gu, and driving the said car at a 2-lane speed from the southwest to the direction of the shift route to the two-lanes of the two-lanes from the southwest-do, the Defendant was unable to immediately stop and take necessary measures for the traffic accident by immediately stopping the said bus with the left-hand side of the bus of the said three-laned “Clurt” bus parked in front of the right-hand side of the said vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement on the occurrence of a D traffic accident;
1. A traffic accident report;
1. Investigation report (applicable of telephone survey and Madmark numerical value);
1. A written appraisal of blood alcohol concentration and a report on the detection of a drinking driver;
1. Application of the written estimate statutes;
1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of sound driving) and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [in cases of subordinate crimes, reference to the punishment prescribed for the violation of the Road Traffic Act];
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In light of the fact that there is a history of punishment for the same kind of crime as the sentencing of Article 62-2 of the Criminal Act, and that the blood alcohol concentration is high, the responsibility for the crime is not minor, but the defendant's mistake.