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A defendant shall be punished by imprisonment for not less than five 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. On July 24, 2018, the Defendant driven a D car with alcohol content of about 0.158% while under the influence of alcohol at a section of about 3km from the roads near the Seo-gu Incheon Seo-gu Incheon, Seo-gu, Incheon to the Mam-dong Mam-dong Mamban.
2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a car with D car.
On July 24, 2018, at around 07:30, the Defendant driven the said car at the mix of the marb, Seo-gu, Seo-gu, Incheon Metropolitan City, along the two-lanes from the hamb to the mar intersection of the hamb.
At the same time, the passenger car driven by the victim E (the age of 49) was stopped due to the physical situation, and thus, the defendant engaged in driving of the motor vehicle had a duty of care to look at the front side situation well and drive the brake system accurately and safely.
Nevertheless, Defendant 1, who was negligent in drinking and proceeded with as mentioned above, caused injury to the victim, such as salt ties, tensions, etc., which require approximately two weeks of treatment by shocking the back part of the said car with the front part of the said car.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;
1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);
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 Act on the suspended execution;
1. 【The grounds for sentencing of Article 62-2 of the Criminal Act 【The scope of the recommended punishment】 The scope of the ordinary traffic accident (type 1) mitigation area / 8 months / Special aggravation (Reduction) : Driving/Punishment of drinking alcohol / punishment.