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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
The defendant is a person engaged in driving Category B vehicles.
1. On April 2, 2018, the Defendant driven the said vehicle under the influence of alcohol concentration of about 4km from around 03:18 on April 2, 2018 to around 17, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jin-gun, Jin-gun, Cheongcheon-do, to the point of the next 500 meters crossing from the national highways, Jincheon-gun, Jin-gun, Jin-gun, Jin-gun, Jin-gun.
2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said vehicle on the national highway No. 17 from the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-do, to the Cheongju-do Myeon.
At the time, a person engaged in driving with a new wall has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation.
Nevertheless, as described in paragraph 1, the Defendant neglected to perform his/her duty of care under the influence of alcohol level of 0.194% during blood, as well as due to the negligence that he/she proceeded before the Defendant’s vehicle, and received the back portion of the DNA bargaining vehicle driven by the Defendant C, which was in progress before the Defendant’s vehicle, in front of the Defendant’s vehicle.
As a result, the Defendant suffered from the victim C with the above occupational negligence, such as a scarke of a scarcity that requires approximately three weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. A report on internal investigation (a statement made by a victim C);
1. Consent to, and confirmation of, the collection of blood, a request for appraisal, or a statement of alcohol alcohol during blood;
1. An accident scene photograph;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Article 148-2 Subparag. 2 and Article 44(1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor);
1. The provision of the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the punishment shall be aggravated by concurrent crimes with the punishment stipulated in the Act on Special Cases concerning the Settlement of heavy Traffic Accidents, and shall be punished by imprisonment;