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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 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 car B k7 vehicle.
1. On January 9, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was under the influence of 0.119% in alcohol during blood transfusion on January 9, 2017, and the Defendant was under the influence of 0.119% in sealed-gun, Young-gun, Seoul Special Metropolitan City Science, a three-lane in which the three-lanes of the three-lanes of the three-lanes of the plan for the resolution of the traffic accident are under the jurisdiction of the Busan Special Metropolitan City.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to take the front side and left side well and to prevent accidents in advance by accurately manipulating the steering direction and brake system.
Nevertheless, the Defendant was negligent in driving a stroke while under the influence of alcohol and was negligent in not keeping the front door well, and received a utility pole and street, etc. installed on the right side of the road as the front part of the Defendant’s car.
Defendant C (39) who was on the top of the operation of Defendant’s car due to such occupational negligence, suffered approximately 16 weeks of treatment from a victim C (39) who was on the top of the operation of Defendant’s car.
2. On January 9, 2015, the Defendant, at around 00:15, driven Bk7 cars under the influence of alcohol concentration of about 0.119% in the section of about 5km to the roads near the Han-dong-dong-dong-si in the same military as the Do in front of the Sam-dong-gun, Sam-dong-gun, Samwon-gun, Seoul, Seoul, to the Han-dong-dong-dong-dong-dong-si, Seoul, the Defendant was under the influence of alcohol concentration of at least 0.19%.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A report on the detection of a primary driver;
1. The actual investigation report on traffic accidents;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;
1. Punishment by imprisonment without prison labor, and each choice by imprisonment with labor for the remaining crimes, against the injury caused by occupational negligence in choosing punishment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;
1. Article 62 of the Criminal Act: