beta
Text
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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a car BA7 car;
On August 27, 2018, when the Defendant was under the influence of alcohol of 0.176% in blood alcohol concentration, the Defendant was negligent in neglecting the obligation at the front of the victim D (W, 34 years old) who was driving in front of Jongno-gu Seoul at the front of the traffic in the front of the signal atmosphere while driving along one lane between the inner intersection and the inner intersection.
In the end, the Defendant was driving a motor vehicle in such a state that it is difficult to drive the motor vehicle normally due to the influence of drinking, such as rhythm, unsparing, walking, etc., and suffered from the injury of the victim, such as a conical salt for about three weeks.
2. Violation of the Road Traffic Act (LA) was driven by the Defendant from the second floor parking lot of Yongsan-gu Seoul, Yongsan-gu, Seoul to the front road of the city Jongno-gu, Yongsan-gu, with a blood alcohol concentration of about 0.176% under the influence of alcohol from the 10km section from the 2nd floor to the 10km road of the city building.
Summary of Evidence
1. Defendant’s legal statement
1. D Statements of statement;
1. A medical certificate;
1. Application of Acts and subordinate statutes to a report on detection of a host driver;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (amended by Act No. 15981, Dec. 18, 201);
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act (i.e., confession and criminal records);