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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
The defendant is a person who is engaged in the operation of B Lastren motor vehicles.
1. On March 24, 2017, the Defendant driving the said vehicle under the influence of alcohol content of 0.207% from a section of approximately 300 meters to the front way of “F cafeteria” located in Busan Metropolitan City around 16:10 on March 24, 2017.
2. On March 24, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said car at around 16:10 on March 24, 2017 to proceed to the “F restaurant” front of the “F restaurant” in Busan City E, from the “a police box of the person.”
At the time, the defendant had a considerable difficulty in operating the steering direction and brakes under the influence of alcohol, such as red and gale streets.
Nevertheless, the defendant was driving the above vehicle, and the victim G(67) driving in the same direction as the defendant, and received the back part of the left side of the victim G(67) driving in the same direction as the defendant, as the front side of the defendant's vehicle.
As a result, the Defendant driven in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt, tension, etc., in need of medical treatment of about two weeks, to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A medical certificate;
1. Five copies of a statement on the circumstances of driving under the influence of alcohol, inquiry of the results of crackdown on driving under the influence of alcohol, survey report on actual condition, and photographs on the scene of accident;
1. Application of the Acts and subordinate statutes governing black stuffs and video CDs;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment);
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated Punishment, etc. of Specific Crimes (the injury resulting from dangerous driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment).