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A defendant shall be punished by imprisonment for not less than five months.
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
1. Around 20:40 on December 20, 2019, the Defendant driven a DNA SM6 vehicle under the influence of alcohol content of 0.07% at a section of approximately 100 meters prior to the first basement parking lot in front of the entrance of the Daegu-gu B apartment underground parking lot.
2. The Defendant is a person who is engaged in driving a DSS6 vehicle.
On December 20, 2019, the Defendant driven the above vehicle on December 20, 2019, and continued to run the vehicle on the front side of the entrance of the Daegu-gu B apartment underground parking lot.
In such cases, a person engaged in driving duty has a duty of care to prevent accidents by accurately manipulating the steering gear and the steering gear without drinking alcohol.
Nevertheless, the Defendant neglected this and received the front part of the Defendant’s vehicle in front of the FNH vehicle driven by the Victim E (E, South and 61 years old) who driven the above vehicle while under the influence of alcohol content of 0.077%.
As a result, the Defendant suffered injury to the victim, such as brain-dead sugar, which has no one in two open to provide medical treatment for about three weeks.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A survey report on actual condition, field photographs, chassis, ledger of driver's license, circumstantial statement of a motor vehicle driving driver, inspection of the results of crackdown on drinking driving, insurance subscription certificate, medical certificate, and estimate;
1. Application of Acts and subordinate statutes of the report of internal death (number 11);
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution;