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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
On October 12, 2009, the Defendant issued a summary order of KRW 700,000 for a fine for a violation of the Road Traffic Act (driving of Drinking) at the Goyang Branch of the Jung-gu District Court on October 12, 2009, and on August 31, 2010, the Defendant issued a summary order of KRW 2,50,000 for a fine for a violation of the Road Traffic Act (driving of Drinking).
The Defendant is a person who is engaged in driving of CK5 vehicles.
On March 28, 2013, the Defendant driven the above vehicle while under the influence of alcohol of 0.154% of blood alcohol concentration at 0.154% on March 28, 2013, and led the Defendant to drive the above vehicle along the same three-lane road in front of the Goyang-dong, Seoyang-gu, Yangyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-dong, along a one-lane way to the high viewing.
At the time, from 20:00 on the same day, the Defendant, at a restaurant where it is difficult to know the trade name in the Goyang-gu Seoyang-gu, Goyang-gu, Goyang-si, the Defendant 2 soldiers a week after drinking, divided the horses into the horses, cut off, and scarbed on the face.
Nevertheless, the Defendant, while driving a vehicle as above, received the back part of the EM7 vehicle from the victim D (W, 39 years old) who is in the traffic signal at one lane on the above road as the front part of the Defendant’s vehicle.
As a result, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice again, driven a motor vehicle under the influence of alcohol, and was driving a motor vehicle under the influence of alcohol, and suffered from the injury of the victim, such as a congested salt for about two weeks in need of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Written statements of D;
1. The actual survey report on traffic accidents;
1. A traffic accident report;
1. A report on detection of a host driver;
1. A written diagnosis and written estimate;
1. Application of each statute on photographs;
1. The choice of imprisonment, as provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.