Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
At around 12:20 on November 3, 2012, the Defendant: (a) was under influence on blood alcohol level of 0.182% while driving a DNA cargo vehicle parked in the parking lot of the residents' self-governing center in Chungcheongnam-gun, Chungcheongnam-do; (b) was negligent in the course of business without properly operating the steering steering system in a state where normal driving is difficult due to influence of drinking; (c) was shocked by the entrance of "E", which is a restaurant in the above parking lot, to the victim F (ma, South, 54 years old) who was in the above parking lot, due to its shocking the entrance of the above cargo vehicle, without properly checking the steering steering system in a state where normal driving is difficult due to influence of drinking; and (d) was inflicted on the victim F, who was in the above parking lot (ma, 54 years old); (d) on the left-hand side of G (maek and 50 years old); (d) on the part of the above cargo vehicle, the Defendant sustained approximately 27 years old and other necessary injury to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement made by the police officer in F and G;
1. Each description of the police statements of H and I;
1. Application of each Act and subordinate statute stated in the actual condition survey report, accident site photograph, the circumstantial statement of a host driver, each medical certificate, the inquiry request for appraisal, and the report on detection of a host driver (in pages 42 of the investigation record);
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving a sound driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime;
1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
1. Selection of each sentence of imprisonment;
1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravation of Concurrent Crimes [However, the lowest limit shall be that of the punishment specified for the violation of the Road Traffic Act (which shall be that of the punishment, and the term of both crimes shall be that of the punishment specified