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A defendant shall be punished by imprisonment for one year.
However, 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
The defendant is a person who is engaged in driving a BP car.
On September 20, 2013, the Defendant driven the said car under the influence of alcohol of 0.110% with a blood alcohol concentration of 0.10% on September 20, 2013, and led the Defendant to proceed with the road in front of the YYYYYY, both months, at the direction of the Eup.
At night, where the center line of the yellow-ray was installed at night, the person engaged in driving the motor vehicle has a duty of care to operate the motor vehicle in a safe manner by accurately operating the steering gear and brake system.
Nevertheless, the Defendant neglected this and got a D-wing and seated vehicle driven by the victim C(the age of 64) (the age of 64) who was driving in the direction of the Defendant’s proceeding due to the negligence of driving the center line while under the influence of alcohol.
Ultimately, the Defendant suffered injury to the said victim C by negligence in the course of business as above, as shown in the attached list of crimes, in total 15 persons, as well as suffering from injuries, such as fluoral finites, in need of four weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The actual survey report on traffic accidents;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes to a written diagnosis and a written entrustment;
1. Article 3 (1), Article 3 (2) (proviso) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of sound driving);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);
1. The defendant under Article 62 (1) of the Criminal Act of the suspended execution;