Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for 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 Cub vehicles B.
On March 14, 2019, the Defendant driven the above vehicle under the influence of alcohol level of 0.139% on blood alcohol level at around 21:39 on March 14, 2019, and led the roads in front of the Incheon Bupyeong-gu Seoul apartment site to the right bypassing the above apartment C’s door.
The Defendant, under the influence of alcohol as above, neglected the duty of the front-way and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right
As a result, the Defendant suffered injury to brain-dead, etc. without any wife within two weeks open, which requires medical treatment for about two weeks, and driven a vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A medical certificate;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Application of Acts and subordinate statutes to the report on circumstantial statements, investigation reports, and report on detection of a host driver;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime, Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); and the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [Class 1] causing traffic accidents (Special Aggravationd Persons] and mitigated factors: Where minor injuries have occurred, aggravated factors: Cases of drunk driving, etc. [the scope of recommendation area and recommendation range];