Text
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
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with B A-Wurd-C
On February 29, 2020, the Defendant driven the said car under the influence of alcohol by 0.127% on blood alcohol level 0.20%, and neglected to perform the duty of breathing under the influence of alcohol while driving the D cafeteria in front of the D cafeteria located in the e-sports hall C from the e-sports hall room to the luth seat. On February 19, 2020, the Defendant, while driving the said car at the same time, neglected to perform the duty of breathing under the influence of alcohol at the e-sports room, and shocked the part of the Defendant’s vehicle behind the vehicle in front of the vehicle.
After all, the Defendant suffered, by the above occupational negligence, the injury of the victim H(67 years of age) who was on board a passenger car with approximately two-day medical treatment to the victim F, such as a string, etc. of a chest boom that requires a two-day medical treatment.
2. Around 19:20 on February 29, 2020, the Defendant was driving a motor vehicle with the blood alcohol concentration of about 0.127% from the J restaurant located in Jam-gun I to the above accident site at approximately 1.5 km.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A report on the actual condition of the survey report on the actual condition of the driver;
1. Application of each written diagnosis (Evidence Nos 20, 21 of the evidence list) statute;
1. Article 3 (1), the proviso of Article 3 (2) and Article 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of a sentence of imprisonment without prison labor for the crime of violation of the Road Traffic Act in relation to the selection of a sentence, and the Act on Special Cases concerning the Settlement of Traffic Accidents;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;