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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 of the final judgment.
Reasons
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a Burle car.
On September 7, 2019, at around 07:00, the Defendant driven the said car under the influence of alcohol of 0.185% with a blood alcohol concentration of 0.185%, and proceeds at about 40 km per hour depending on the two-lane of the road, which is 17km in Incheon Gyeyang-gu Incheon Metropolitan City-gu Incheon Metropolitan Government Highway.
The lane has changed.
In such cases, a person engaged in driving of a motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change, and he/she has a duty of care to inform the change of direction to direction in advance and to change the lane safely by keeping the traffic situation of the front and rear left.
Nevertheless, the defendant neglected it and caused the victim C(29 years old) driver's vehicle running across four-lanes due to the change of course towards the side, and the front part of the victim C(29 years old) driver's vehicle was in front of the driving vehicle of the defendant.
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, such as salt, tension, etc. in need of treatment for about two weeks.
2. Around 07:00 on September 7, 2019, the Defendant driven a motor vehicle with a blood alcohol concentration of about 0.185% at the section of about 40km from the front of the apartment in Seoul Special Metropolitan City, Nowon-gu to the 17k Scandum point of the Incheon Gyeyang-gu Highway, Incheon, Seo-gu, Incheon, Seo-gu, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;
1. A medical certificate;
1. Application of Acts and subordinate statutes on accident site photographs;
1. Criminal facts;