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A defendant shall be punished by imprisonment for not less than eight 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
1. Around 22:00 on April 13, 2018, the Defendant driven a ewing 3 truck under the influence of alcohol with a blood alcohol concentration of about 0.164% at the section of approximately 100 meters from the Do near the Manyang-si B to the intersection in front of the D cafeteria located in the same Gu C.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the above cargo vehicle while under the influence of alcohol concentration of 0.164% at the same time, and led the above D cafeteria to bypass the intersection in front of the above D cafeteria from the F cafeteria to the Gu road.
Since it is a one-way road, there was a duty of care to refrain from driving persons.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while bypassing while driving in the station, and the Defendant was h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-
As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt, tension, etc., to the victim G and the victim I (the age of 27) who was on board the said vehicle, respectively, for about two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of persons involved in G and I's intersection accidents;
1. A traffic accident report (1), (2);
1. Investigation report (Report on the status of an employee), and report on the status of an employee, status of an employee, and statement;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62(1) of the Criminal Act: