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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On September 23, 2013, the Defendant was a person engaged in driving CK9 vehicle. On September 23, 2013, the Defendant driven the said vehicle while under the influence of 0.117% of alcohol concentration, and did not discover the victim D (53 years old) who was negligent in performing his/her duty of care under the influence of alcohol while driving the said vehicle at a speed of 0.117% on the right side of Seongdong-gu Seoul Metropolitan Government at a speed of about 40km/h, along the distance of the Red Cross at the speed of a pilot, and was negligent in performing his/her duty of care under the influence of alcohol at a speed of about 40km/h, and did not immediately stop the said vehicle by taking the victim the front part of the above vehicle of the Defendant and taking approximately 4 weeks of the victim to take four weeks of treatment, and did not immediately stop it.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol concerning the examination of the accused by the prosecution;
1. Statement of D;
1. A written statement of E and F;
1. A copy of each medical certificate;
1. Reports on the statement of the situation of a drinking driver, reports on the state of his driving, reports on the state of his driving, and records of drinking measurement and output;
1. Application of Acts and subordinate statutes to a survey report, investigation report (the results of analysis of bus image data), investigation report (the results of analysis of parking regulation video data), investigation report (the results of analysis of video data), investigation report (the securing of video data,
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act for traffic accidents (determination of type).