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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 a period of two years 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 B-wit truck.
On August 12, 2017, while the Defendant driven the said vehicle under the influence of alcohol content of 0.056% during blood alcohol at around 21:10, while driving the said vehicle at a 0.05% alcohol level, and driving the four-lanes of the 7nd road in front of the 1169 Sungnam-nam-nam-si, as the sex-nam-nam-nam-si amendment, at an uneasible speed, at an uneasible speed, he neglected his duty of care to proceed safely pursuant to the new subparagraph while driving the front bank, and neglecting his duty of care to proceed safely pursuant to the new subparagraph, and thereby neglecting his duty of care in the front bank, thereby causing damage to the victim C (51 ,00,000,000) who was under the influence of the signal at the front time while driving the vehicle, despite the shocking part of the driver’s front part of the vehicle to cause damage to the victim, and at the same time, the Defendant did not immediately 20th of the repair 3rd of the vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A written statement of the occurrence of E traffic accidents;
1. A report on internal investigation:
1. A medical certificate;
1. Application of each statute on photographs;
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act (the point of non-measures after an accident), Articles 148-2 subparag. 3 and 44(1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of driving under the influence of alcohol due to the sentencing of Article 62-2 of the Social Service Order Criminal Act is not only the driver but also the road.