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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
1. The Defendant is a person engaged in driving a B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
On December 22, 2016, the Defendant driven the said car with alcohol content of 0.150% in blood on the two-lanes from the two-lanes, among the two-lanes of the two-lanes in the Sinsan City of 22:40 on December 22, 2016, and driven the said car in the direction of a shooting distance from the boundary of the port area.
At night, the victim E (55) is driving at the front time, and the F bus was under a stop, so there was a duty of care to safely drive the steering employee by accurately manipulating the steering and operating the steering gear.
Nevertheless, while under the influence of alcohol, the Defendant was negligent in neglecting it and received the back part of the bus as the front part of the Defendant’s car.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, such as red, stringing, smelling, smelling, etc., and suffered from the Defendant’s sculatory finites that require approximately two weeks of medical treatment.
2. The Defendant violated the Road Traffic Act (drinking driving) driving a B rocketing car under the influence of alcohol with approximately 0.150% alcohol concentration at the 2km section from the next hospital in the Sinsan Sinsib Movement to the vicinity of the D bus stops located in C. on the day indicated in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police for E;
1. A survey report on actual conditions;
1. Inquiries about the results of crackdown on driving alcohol;
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 related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.