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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a DNA car.
around 02:10 on May 5, 2017, the Defendant driven the said car under the influence of alcohol level of 0.237% in blood while driving the front road of Nowon-gu in Seoul Special Metropolitan City, the Defendant driven the said car to the government from the edge of Ma.
In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately operating the operation and operation of the front section, the left part, and the left part of the motor vehicle.
Nevertheless, the Defendant neglected this and failed to accurately operate the brakes at the front of the passenger car of the Defendant F (F) drive 55 years old, which was stopped for signal waiting at the front, due to the negligence of not operating the brakes accurately, the Defendant shocked the back of the passenger car of the Defendant.
As a result, the Defendant suffered from the injury of the victim F (V, 55 years old) and the victim H (V, 19 years old) who was on board the said passenger vehicle by negligence in the course of performing duties while driving the said vehicle under the influence of drinking, for about two weeks, requiring medical treatment, respectively.
2. Around 02:10 on May 5, 2017, the Defendant driven a D Tbluri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-car in a state of alcohol alcohol concentration of about 0.237% from the boundary of Nowon-gu in Seoul Special Metropolitan City Nowon-gu to the front road of the same Gu E.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement of the occurrence of a traffic accident of F;
1. A survey report on actual conditions;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation report (report on the situation of the driver in charge); and
1. A written appraisal of alcohol during blood;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Punishment;