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A defendant shall be punished by imprisonment with prison labor for up to six 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
1. The Defendant is a person who is engaged in driving of a motor vehicle B in high-speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
On July 1, 2018, the Defendant driven the said car in a state where it is difficult to drive it normally due to the influence of alcohol level of 0.123% during blood transfusion at around 21:30 on July 1, 2018, and driven one-lane between the two-lanes in front of the D gas station located in Gyeyang-gu Seoul Metropolitan City, Seoyang-gu, Seoyangyang-gu, Seoul.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by taking the front side and left side well.
Nevertheless, under the influence of alcohol, the defendant's negligence neglected to stop the signal waiting in the front bank, and the back part of the driver's vehicle with the F. F. F. F. driving in the front section of the car driven by the defendant.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to occupational negligence.
2. On July 1, 2018, the Defendant violated the Road Traffic Act (drinking) on July 21:25, 2018, the Defendant driven a B-hand car with the alcohol concentration of about 0.123% in the section of about 300 meters from the front of a non-cafeteria in the trade name in the city of Gyeyang-gu, Seoyang-gu, Seoyang-gu to the front road in front of the D gas station located in the same Gu C at around 21:30 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. An accident scene photograph;
1. A medical certificate;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes reporting investigation results;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.