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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a car in B 5(K5).
On February 9, 2013, at around 04:18, the Defendant driven the said car under the influence of alcohol level of 0.144% from the front side of the valleydong in Gwangjin-gu Seoul Special Metropolitan City to the front side of 393-83, Jung-gu, Seoul Special Metropolitan City.
At the time, it is night and its location is an intersection with a lot of vehicle traffic, so there was a duty of care to prevent accidents, such as the driver of the vehicle, the driver of the vehicle, the driver of the vehicle, and the driver of the vehicle.
Nevertheless, the Defendant, under the influence of alcohol, was driven by the victim C (the 59-year-old) (the 59-year-old) who was driving in the opposite line due to the negligence of flaging the median line, and was driving by the Defendant, with the left side of the said case 5 (K5) car.
In the end, the Defendant, while under the influence of alcohol, was unable to properly breath, walked and walk, and was unable to memory his driving act, etc., and was driving the said car with the difficulty of normal driving due to the influence of alcohol, and suffered injury, such as the clifal saton for about two weeks, which requires medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. C statement on the occurrence of a traffic accident;
1. A traffic accident report;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act [the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes which is more severe