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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving a documentary car in Category B.
On April 20, 2013, at around 21:10, the Defendant driven the above vehicle while under the influence of alcohol with 0.217% of alcohol concentration 0.217%, and led the Defendant to drive the vehicle along the two-lanes of the two-lanes of the two-lanes of the two-lanes of the road in front of the Heungsansan City, which is located in the Heanananan-gunan-gunan-gun.
At the time of night, it was difficult to view the front door, and in such a case, there was a duty of care to prevent accidents in advance by operating the front door in a safe way.
Nevertheless, the Defendant neglected to drive normally due to the influence of alcohol, and neglected to do so, and got the said documentary vehicle back, which was installed in the front bank due to negligence, and got the said documentary vehicle back.
The Defendant caused the injury to the victim C (V, 31 years old) who is the passenger of the said curb vehicle due to the foregoing occupational negligence, such as the 12-day medical treatment of approximately 12 weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A traffic accident report, a report on the actual status of a drinking driver (whether to drive a dangerous motor vehicle) and a report on detection of a drinking driver;
1. A written appraisal of blood alcohol;
1. A written diagnosis for C;
1. Application of Acts and subordinate statutes on site photographs;
1. Relevant legal provisions concerning criminal facts, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor ( Consideration of the degree of injury suffered by a victim, etc., whose blood alcohol concentration is high and the degree of injury is heavy);
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment against death or injury resulting from