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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around April 27, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death and injury caused before the risk) was driven by a spke car in front of a middle school located in a pair-dong, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, with alcohol concentration of 0.137% during blood and proceeded at an unfluench in the direction of dental administration in the direction of marina.
At the time, there are night and a number of vehicles with a one-lane road, so in such a case, the driver of the vehicle has a duty of care to make sure that the driver of the vehicle well sees the traffic situation and accurately manipulates the steering direction and brake system to prevent the accident in advance.
Nevertheless, the defendant neglected to do so, D' which the victim C(W, 39 years old) driven by the victim C(W) who was driving, and received the front part of the passenger vehicle in front of the SP car.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as salt, tension, etc., of the trend that requires approximately two weeks medical treatment.
2. On April 27, 2016, the Defendant was under the influence of alcohol level of about 0.137% in the middle school located in the Yandong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Pyeong-gu, the Defendant driven a spke car under the said paragraph (1) while under the influence of alcohol level of about 5km at about 0.137% in the front and rearwest-gu, Seo-gu, Seo-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. C’s statement;
1. A medical certificate;
1. Reports on the occurrence of a traffic accident (1);
1. On-site photographs;
1. Application of Acts and subordinate statutes to a report on detection of drivers;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime (the act of causing death or injury to a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the act of driving under influence of alcohol) and Article 148-2 (1) of the Road Traffic Act concerning the punishment of the crime, respectively.