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A defendant shall be punished by imprisonment for not less than eight months.
except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving motor vehicles with C
On May 9, 2015, the Defendant driven the said vehicle at a speed of 0.190% with a blood alcohol concentration of 0.190% on May 20, 2015, and driven the two-lane road in front of the E store located in Daejeon Dong-gu, Daejeon, along one-lane from the lux Park to the lux high school at a speed of speed in sight.
At all times, signals, etc. are installed on the front door. In such a case, there was a duty of care to reduce the speed to a person engaged in driving duties and to prevent accidents in advance by taking well the movement of other vehicles in the signal lights and the front door.
Nevertheless, under the influence of alcohol, the Defendant neglected to drive in a state where normal driving is difficult, and failed to keep the vehicle in front at a speed without driving it, and by negligence while driving the signal at the front, received a driver by the victim F (the age of 43) who was in the atmosphere of the signal at the front of the passenger vehicle, following the G high string string of the passenger vehicle driven by the Defendant.
As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires a medical treatment for about one week, due to such occupational negligence.
2. The Defendant, at the time and place specified in the above Paragraph (1) of the Road Traffic Act, driven a vehicle with the highest alcohol level of 0.190% under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Report on detection of a driver and report on the circumstances of a driver's driving;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.