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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
(b) drive a knick-in car while under the influence of alcohol content of about 0.177% in blood, from the front of the Round of the Round-ro to D, from the front of the Round-ro to the front road;
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to H, J, and F;
1. Report on the occurrence of a traffic accident, investigation report on actual condition, notification of the results of crackdown on the driving of alcohol, report on the situation of a driver who takes drinking, and investigation report (related to drinking value);
1. An accident scene photograph;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
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 to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend lectures and order to provide community service;
1. The sentencing guidelines are set only for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Driving Motor Vehicles) in the basic area (4 months to 1 year) (including special mitigation) / In the case of driving, etc. under the influence of alcohol, etc. / The sentencing guidelines are set for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Driving Motor Vehicles). There are no separate sentencing guidelines for the crimes of violation of the Road Traffic Act (driving Motor Vehicle). Thus, the majority of the sentencing guidelines are not drawn.
2. Sentencing factors that are disadvantageous to the determination of sentence: (a) under the influence of alcohol, the victims of an accident while driving are different; (b) the nature and circumstances of the crime are not somewhat weak; (c) agreement with some victims: purchase of comprehensive insurance; (d) recognition of errors and reflectability; (e) there is no criminal record exceeding fines; (e) other factors of sentencing under Article 51 of the Criminal Act are determined as indicated in the disposition.