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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in the driver's duty of the vehicle B, EW, EW, EW, EW, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On April 17, 2018, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.147% from blood alcohol during the influence of the Defendant on April 22:14, 2018, and continued to drive the said vehicle along three-lanes from the east-gu, Busan, Seosan to the intersection of 18-lane 18 after the 488-ro, Seosan, Seosan.
Since it is an intersection where signal apparatus and central line are installed, there was a duty of care to protect the difference according to the signals and drive safely.
Nevertheless, the Defendant, due to the influence of alcohol, was negligent in driving a motor vehicle while driving the motor vehicle in a situation where it is difficult for the Defendant to drive the motor vehicle normally, and thereby, was driven by the victim C(55 years old) driving in the opposite direction to the traffic direction, with the front part of the motor vehicle of the Defendant.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about four weeks due to such occupational negligence.
2. The Defendant was driving the vehicle as referred to in paragraph 1 while under the influence of alcohol 0.147% in the blood at the same time, place, and at the same time and place as paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. C's written statement related to traffic accidents;
1. Report on a traffic accident, report on the scene of an accident, report on the circumstances of the driver in charge of driving, notification of the results of regulating drinking, and application of each investigation report (verification of black stuff images and receipt of a diagnosis report) by statutes;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of imprisonment), and Articles 148-2 (2) 2 and 44 (1) of the Traffic Act on the basis of the Do;
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. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)