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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
Punishment of the crime
The Defendant is engaged in the operation of the Lone Star Co., Ltd.
1. On March 7, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving at the same time as the blood alcohol concentration of 0.161%, and driving ahead of the gold apartment at a about 10km speed from the center of Gwangju Dong-gu to the gold apartment at a about 10km speed from the center of Busan Dong-gu, while driving on the gold apartment at a about two-lane, from the center of the mountain funeral distance, the Defendant was under the influence of alcohol at around 20:40 on March 7, 2014. As above, the Defendant was under the influence of alcohol to drive the gold apartment at a about 10km speed from the middle of the two-lane, and was under the control of the victim C (WW, 60 years old) who was under the influence of alcohol to turn to the left at the opposite part of the vehicle due to the negligence of driving.
As a result, the Defendant suffered from the victim’s negligence, such as satitiss and tensions in need of treatment for about two weeks.
2. Around 20:30 on March 7, 2014, the Defendant: (a) while under the influence of alcohol at a 0.161% alcohol level, driven the said Lone Star car at a section of approximately 300 meters from the front of the mutual influence restaurant located in the dong-gu Seoul Metropolitan City, Gwangju to the place of the said paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Entry in C’s statement on the occurrence of traffic accidents;
1. Application of the respective Acts and subordinate statutes described in the traffic accident actual condition survey report, report on detection of reemployed drivers, report on the actual status of reemployed drivers, and general medical certificate (C);
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 (1) of the Criminal Act, probation, etc.;