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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a car B.
On June 12, 2018, at around 00:20, the Defendant driven the above vehicle while under the influence of alcohol of 0.192%, and neglected to perform the duty of e-car in front of the 33th national highways in front of the Gyeong-gun, Gyeongju-gun, the national highways also in front of the Gyeongju-gun, Gyeongju-gun, Gyeongju-gun, and neglected to perform the duty of e-car in front and the right side e-car in front of the Defendant’s course due to occupational negligence, and continued two-lanes in front of the Defendant’s course.
The Defendant suffered, by its occupational negligence, the injury to the victim F, such as Damopa, which requires approximately 3 weeks of medical treatment, and the injury to the victim F, who is the passenger of the victimized vehicle, such as Damopa, which requires approximately 8 weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police with D (including F part of the statement);
1. A report on the occurrence of a traffic accident, the actual survey report, and on-site photographs;
1. Report on the results of the crackdown on drinking driving, and the report on the actual state of drinking drivers;
1. Application of each written diagnosis (D, F) statute;
1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. To select a sentence of imprisonment without prison labor for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and to imprisonment for the crime of violation of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the victims' significant injuries due to the driving of alcohol by the defendant, the high drinking level of drinking alcohol, and the vehicle involved in liability insurance. Meanwhile, the defendant committed the crime of this case.