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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 engaging in driving a rocketing car.
On July 5, 2015, the Defendant driven the said car under the influence of alcohol content of 0.197% during blood transfusions, and got the front side of the Seo-gu Incheon Seo-gu Incheon to the National Bank from the Kinhop side.
Since there was a vehicle driving on the rear side at the time, there was a duty of care to drive safely by properly examining the rear side and the left and right of the person engaged in driving.
Nevertheless, under the influence of alcohol, the Defendant received the front part of the E-Motor vehicle driven by the Defendant, which was temporarily stopped in order to circumvent from the same direction of ma-motor vehicle due to negligence, and was driven by the victim D (47 tax).
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from the injury of the victim D and the victim F (the victim F (the victim 53 years old), who is the passenger of the said victim, for about two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A written statement;
1. A traffic accident inspection report, a report on the results of crackdown on drinking driving, and a written situation of the driver who takes charge of driving;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under each of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending punishment] of the Criminal Act: In a case where minor injury occurs (4 months to October) in the basic area (special mitigation (special mitigation) / Article 3(2) of the Act on the Special Cases concerning the Education.