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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On March 20, 2008, the Defendant was sentenced to a suspended sentence of 2 years in imprisonment with prison labor for the crimes of violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and 2 years in imprisonment with prison labor for the same court on June 16, 2010, and 2 years in a suspended sentence of 8 months in imprisonment with prison labor for the crimes of violation of the Road Traffic Act.
【Criminal Facts】
At around 01:40 on February 1, 2013, the Defendant: (a) driven a Crata car with a blood alcohol concentration of 0.137% while driving the Crata car at the speed of 0.137% and driving the Crata car at the distance of the yellow commercial distance along three-lanes in front of the chip chip, which is in the Gu, while neglecting the duty of front-time watch in a drinking state; (b) was driven by the victim’s E-chip in the front line of the same lane in the same way as the occupational negligence of driving the vehicle while neglecting the duty of front-time watch in a drinking state, and received the back part of the rata car in front of the said rata car.
After all, the Defendant suffered injury to the victim F (the 32 years of age) who is the passenger of the above D and the damaged vehicle due to the above occupational negligence, such as catum dump in need of medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A traffic accident report, a report on the actual state of a driver, a report on the occurrence of a traffic accident, a report on the actual state of a driver, and a survey report on actual state;
1. A medical certificate (D, F);
1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and copies of written judgments;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims D with heavy circumstances);
1. A crime of violation of the Road Traffic Act: A violation of the Act on Special Cases concerning the Settlement of Traffic Accident Selection: Selection of imprisonment without prison labor;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;