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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 19:30 on September 13, 2015, the Defendant: (a) divided the three-lanes into three-lanes in the vicinity of C Kindergarten C, which are located in Silung-si B, into a drunken state with a blood alcohol concentration of 0.157%; (b) drive D-wing and cargo vehicles in the state where normal driving is difficult, with a narrow distance and face red, and (c) proceeds at a speed of about 40 kilometers in the direction of Silung Fire Station, depending on one lane.
In this case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system while looking at the boom of the driver of the motor vehicle.
Nevertheless, the Defendant neglected this and failed to properly operate the steering and steering devices under the influence of alcohol, and led the victim E (the 49-year-old) who was standing in the signal atmosphere from the front direction to the direction of the operation, and led the driver to the front part of the Defendant’s vehicle.
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as salt, tension, etc. in need of medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A traffic accident report;
1. A place where drinking alcohol is measured;
1. The circumstantial statement of the employee;
1. A medical certificate;
1. Application of Acts and subordinate statutes to photographs related to accidents;
1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury) and the choice of imprisonment for each sentence;
1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest sentence shall be imposed on the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment: Provided, That the lowest sentence of the punishment shall be imposed on the crimes of violating the Road Traffic Act];