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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
1. On August 18, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was under the influence of 0.211% of alcohol level during blood transfusion around 12:19, while driving a motor vehicle, and driving a siren B, thereby driving the motor vehicle volume, thereby proceeding the front way of the D in the Gangwon-do class C, Gangwon-do, in the face of the Indones.
In this case, the driver of the vehicle has a duty of care to safely drive the vehicle by observing the set-off line by checking well the left and right of the front line.
Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and thereby was placed at the end of the opposite lane due to the negligence of the centering around the center line, and received as the front part of the left-hand part of the Defendant’s vehicle.
As a result, the Defendant, while driving the said vehicle under the influence of alcohol that is difficult to drive normally, suffered injury, such as “non-Abstin and flastin,” which requires approximately 16 weeks of medical treatment, to the victim E (SP) who was on the top of the steering of the Defendant’s vehicle.”
2. The Defendant violated the Road Traffic Act (drinking driving) was under the influence of alcohol level of 0.211% among the blood transfusions at the time specified in paragraph 1, and driven a car by driving the car at approximately 15km from the front side of the cafeteria to the D-lane specified in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A survey report on actual condition (1), (2), and on-site photographs;
1. A written appraisal of alcohol during blood;
1. Investigation report (related to whether a main driver is driving or not in normal operation);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for each crime;
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (the aggregate of long-term punishments) of the Criminal Act to increase concurrent crimes;