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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 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 of cargo vehicles B.
1. Around 22:40 on February 15, 2014, the Defendant driven the foregoing cargo vehicle under the influence of alcohol of about 500 meters in a section of about 0.262% of alcohol concentration from the south Riverbed to the front road of the park intersection in the city of Gyeongsan-si and Sinsan-si.
2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DPotering on the left side of Dpoter vehicle under the influence of alcohol at a time and time, and caused injury to the victim, by driving the said Dpoter vehicle on the left side of Dpoter vehicle under the influence of alcohol, such as heavy snow snowing and failing to properly hold his body, etc., and driving the said vehicle at a speed of sloping from the front side of the park intersection in the speed of the Gyeongsan-si, which is in front of the Gyeong-si, Sinsan-si, and driving on the opposite direction from the opposite direction of the victim C (53 years old) driving due to the negligence facing the central line and driving on the opposite direction.
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A medical certificate (C);
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 the red exploitation of a driver, the report on the collection of blood, the report on the actual state of his/her driving, and the report on blood alcohol appraisal;
1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;