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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
1. On May 11, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was driving a 4-lane road in front of “C” located in Nam-gu, Nam-gu, Seoul at the port on May 11, 201, while under the influence of alcohol of 0.139% in blood, the Defendant driven a DM3 vehicle at the speed of 40km from the edge distance to the racing on a two-lane speed.
At the time, there was a night and a place of a three-distance intersection, so in such a case, there was a duty of care to properly operate the brake system by checking well the front door to the person engaged in driving of the motor vehicle.
Nevertheless, due to the negligence that the Defendant was unable to properly operate the operation system under the influence of alcohol, the Defendant was found to have immediately discovered the victim E-driving car with the highest driver's license, which was stopped in accordance with the suspension sub-paragraph (a) at the above location, and was in front of the Defendant's driving, and was in front of the Defendant's driving.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as acute dynasium, which requires a three-day medical treatment, and injury to the victim G, who is a passenger of the victim E-car, for about two weeks of medical treatment.
2. The Defendant, while under the influence of alcohol concentration of 0.139% during the above temporary bordering, was driving the said vehicle from the front side of the Jamb apartment in the north-gu, Posi-dong at the port to the above location at approximately 307km.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Fact-finding reports, reports on dangerous driving situations, and inquiries about the results of crackdown on drinking driving;
1. A survey report on actual conditions;
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 (in the case of risk driving) as to the crime under the corresponding provision of the Act.