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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 a person who is engaged in driving of C C C in a vehicle volume.
At around 17:00 on May 28, 2014, the Defendant, while under the influence of alcohol of 0.207% of blood alcohol concentration, was driving four-lanes of four-lanes in front of the Seocheon Station in the 41-lane 147, Seoul Airport at the Gangseo-gu Seoul Airport, along the 4-lanes from Yangcheon Station basin to the Gayang River basin, was moving back to the speed of about 10km per hour at a speed of about 10km in front of the above Young River basin.
In this case, the driver of the motor vehicle has a duty of care to make a right-hand by accurately manipulating the steering gear and brake system of the motor vehicle after checking the right-hand side and the right-hand side of the motor vehicle prior to the right-hand side.
Nevertheless, the Defendant neglected this and failed to accurately operate the steering gear in a state where normal driving is difficult due to the influence of drinking, such as walking at a remote distance and reding on the inside of the inside, due to the influence of the above drinking, and led to grossly rounding by negligence, the Defendant: (a) followed the left-hand left-hand part of the victim D(29 years old); (b) a victim D(29 years old); and (c) a victim, who was waiting to turn to the right-hand part of the car at the left-hand part of the car volume of the body-to-hand car.
Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A traffic accident report;
1. A report on the actual status of a host driver;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The fact that the accused recognizes and reflects the crime under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;