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A defendant shall be punished by imprisonment for six 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. Around 17:50 on November 17, 2015, the Defendant was driven by the driver of a motor vehicle under the influence of alcohol concentration of 0.138% from the end of the house of the Defendant in Busan-gun C to the long distance of approximately 5 meters before the home of the said Defendant.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol 0.138% at the time and time set forth in paragraph (1) so that he was unable to drive normally due to the difficult condition of driving, such as influence, red, transpared, walking, walking, etc., while driving the said Costex vehicle from the front edge of the Defendant’s house located in Busan District Co., Ltd. to the front edge of his house.
The Defendant did not discover the victim E (the age of 55) who was on the left-hand side of the running direction of the Defendant under the influence of alcohol, before and after the influence of alcohol, received the said victim as the front-hand part of the said Lone Star vehicle.
Ultimately, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injury, such as dump salt for about two weeks in need of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to a report on detection of a host driver;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury) and choice of imprisonment for each sentence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;