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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
[Criminal Power] On April 27, 2012, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Daegu District Court on April 27, 2012. On October 23, 2008, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for the same crime, etc.
【Criminal Facts】
The defendant is a person who is engaged in driving a CM5 car.
On September 9, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act two or more times, driven the said vehicle under the influence of alcohol level of 0.20% on September 9, 2016, and led the road front of the Seocheoncheon Public Security Center as the front cycle of the mountain, to drive the said vehicle under the influence of alcohol level of 0.20%.
Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.
Nevertheless, under the influence of alcohol, Pakistan was driven by negligence over the central line, and the victim D(64 years old) driving E. E. Coster kid on the left-hand part of the Lone Star Cargo, which was driven by the ordinary intersection in the direction of the defendant's proceeding, was led to the left-hand part of the driver's car.
As a result, the Defendant driven the said car under the influence of alcohol that it is difficult to drive the car normally, and suffered injury to the victim F (64 years of age) and the victim G (62 years of age), each of whom requires approximately two weeks of medical treatment, and suffered injury to the victim H (65 years of age) who is the passenger of the said Lone Star Cargo truck, for about two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement in F and G preparation;
1. Notification of the results of the drinking driving control, report on the actual condition survey, and application of Acts and subordinate statutes to each medical certificate;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of sound driving) and each of them;