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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B-learning automobiles
On October 9, 2019, the Defendant driven the said car under the influence of 0.133% of blood alcohol concentration around 00:20 on October 9, 2019, and led D’s front road located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu C to drive the said car at Fside from the boundary of the hospital.
At this point, the center line of yellow-ray is installed, so in such a case, the driver of the motor vehicle has a duty of care to see the front line well and to safely drive the motor vehicle.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so and took part of the part on the part above the left side of the Defendant’s passenger vehicle of the Victim G (V, South, 22 years old) driving on the opposite line.
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 G, such as salt, tensions, etc., by driving the said car for about two weeks, and suffered injury to the victim I (the 21 years old), who was boarding the said benz car, such as salt, tensions, etc., which requires two-day medical treatment.
2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a B-learning car under the influence of alcohol leveling 0.13% from a 500-meter section around the E Hospital in Yeonsu-gu Incheon, Incheon, to the front road in the same Gu C.
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement concerning G;
1. The actual condition survey report;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Violation of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes against the crime: The point of violation of the Road Traffic Act under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes: