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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
At around 02:00 on April 3, 2012, the Defendant, while under the influence of alcohol of 0.160% of blood alcohol concentration, was driving from the direction of the entrance side of the street station distance in front of the ASEAN building located in the Guro-gu Seoul Metropolitan Government, Guro-gu, Guro-gu, 597, the Defendant was driving along the direction of the Gu road.
A person engaged in driving service is prohibited from driving a motor vehicle under the influence of alcohol, and there was a duty of care to verify and safely proceed with the safety of the course by examining the left and right of the front side.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the Jeonju-si and by negligence negligent in proceeding, suffered injury to the victim E (the 50-year-old) who was on the front part of the said car, such as water damage requiring approximately six weeks of medical treatment.
As a result, the Defendant driven a motor vehicle while under the influence of alcohol, and led to the injury of a person by driving a motor vehicle while it is difficult to drive it normally due to influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. The actual survey report on traffic accidents;
1. A traffic accident report;
1. Report on investigation;
1. Application of Acts and subordinate statutes to copies of diagnosis certificates;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was known to the fact that the victim is driving under influence of alcohol. However, the fundamental mistake in which the instant accident occurred is the defendant.
Since the victim did not yet reach an agreement even though the victim suffered serious injury of the second half of the accident in the instant case, the punishment shall be determined as per the order.
However, there is no concern that the defendant will flee.