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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 driving a vehicle in B.
On May 16, 2018, the Defendant driven the said car under the influence of alcohol level of 0.216% during blood alcohol level from around 20:42 on May 16, 2018, and proceeded with two-lanes along the two-lanes in front of the second apartment of Daegu-gu, Daegu-gu, by driving the said car under the influence of alcohol level of 0.216%.
At the time, since it is night and a place where the passage of vehicles is frequent, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering right and the steering system by accurately operating the steering and steering system.
Nevertheless, the Defendant neglected this and neglected so doing so, which is in an inaccurate way to blickly, and the walk is the degree of unblicking, and due to the negligence that did not properly operate the steering direction and brake system in a situation where normal operation is difficult such as a little red, and received the part behind the right side of the SM3 car driving at the age of 50 and the part behind the left side of the body car as above.
Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to C;
1. A survey report on actual conditions;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. A medical certificate;
1. Application of Acts and subordinate statutes to a criminal investigation report (referring to a report on the situation of a driver with a primary driving and a case concerning the state in which normal driving is impracticable);
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment