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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving of Bone Star bus in violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).
On July 23, 2016, at around 05:40, the Defendant driven the said passenger vehicle under the influence of alcohol of 0.131% with a blood alcohol concentration of 0.1%, and continued one lane at a speed of about 40 km from the south-gu Incheon Metropolitan City office building distance from the north-gu office building distance.
The Defendant, while driving the said van in a situation where it is difficult to drive normally due to influence of drinking such as a string distance, etc., and driving the said van at a time on the same lane as the previous lane, received the back part of the Don-burg-packed car from the victim C (hereinafter 24 years old) who was in a temporary stop for the signal waiting on the same lane, as the front part of the said rupture, and suffered from the injury of the victim E (hereinafter 22 years old) who was on board the said rupture with the victim C and the said rupture of the said rupture vehicle, each of which requires approximately two-day medical treatment for the victim C and the said rupture.
Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.
2. The Defendant violated the Road Traffic Act (driving) while under the influence of alcohol of 0.131% of blood alcohol concentration at the time and time set forth in paragraph (1) of this Article, the Defendant driven the Lone Star bicycle set forth in paragraph (1) from a place where it is impossible to know not more than the official intersection of the Nam-gu Incheon Metropolitan City to reach the road in front of the distance of the office building of the Nam-gu Incheon Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of C and E;
1. The actual condition survey report;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;
1. Trade name;