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A defendant shall be punished by imprisonment for not less than eight months.
except that 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. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by D-going Driving) is a person who is engaged in driving D-crui
On January 26, 2014, when the Defendant was under the influence of 0.149% of alcohol concentration in blood, the Defendant driven the said car and proceeded along three-lanes from the east of the joint office of administration to the east of the 5-lane 4 lanes in front of the original city level, when driving the said car at the speed of 0.149%, and driving the said car at the speed of 782-6 in front of the original city level. As such, the Defendant was negligent in neglecting the duty of Jeonju City in the situation where it is difficult to drive the car normally due to influence of drinking and caused the injury of the tension and the tension in need of the treatment of the victim E (26 years old) who was under the influence of alcohol in the front of the said cruise car driven by the Defendant.
2. Around 20:50 on January 26, 2013, the Defendant was driving a D-port under the influence of alcohol content of approximately 0.149% in a section of about 2km from the direction of the Southern-si, the point of accident referred to in paragraph 1, the point of accident referred to in paragraph 1, from the south-si, the Nam-si, the Nam-si, the Republic of Korea, the Republic of Korea, at the Han-si, the point of accident referred to in paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of Acts and subordinate statutes to the report on detection of a host driver, the report on risk driving, and the written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of types of punishment and imprisonment with prison labor;
1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment (the punishment provided for the crime resulting in death or injury due to