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A defendant shall be punished by imprisonment for not more than ten 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. The defendant is a person who is engaged in the duty of driving Category B trucks in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
On July 22, 2014, at around 22:45, the Defendant operated the 416 local highway located in the Nowon-gu Seoul Metropolitan City Nowon-gu Nowon-gu, Suwon-do in the state of alcohol of 0.179 percent of alcohol content, with the Nowon-gu, Suwon-gu, Seoul Metropolitan City Nowon-do Do road from the tri-do floodside to the Nowon-gu Dog-
At the time, since the road is be bended at night and at a one-lane speed, the defendant engaged in driving of the motor vehicle should not drive the motor vehicle while under the influence of alcohol, and there was a duty of care to reduce the speed and properly operate the brake and steering gear, and to drive the motor vehicle safely.
Nevertheless, the Defendant neglected to drive normally due to the influence of alcohol as above and neglected to do so, and received the road boundary stone located on the right side of the running direction due to the negligence in the course of business, as the front part of the said truck.
While the Defendant was unable to drive normally due to drinking alcohol, the Defendant sustained from the victim C (the 50-year old-age-old person) who was on the top of the above truck due to his occupational negligence, for approximately six weeks of medical treatment.
2. On July 22, 2014, the Defendant was driving a truck of approximately 500 meters from the front day of a bus terminal in the Won-gu Seoul Metropolitan City, Won-gu, Seoul Metropolitan City, to the 416-meter local highway located in the same Eup/Myeon, while under the influence of alcohol on July 22, 2014, at around 0.179 percent of alcohol content.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The application of Acts and subordinate statutes to each actual condition survey report, traffic accident occurrence report, scene, photographs of related vehicles, reports on the actual condition of a driver of a driving house, reports on the primary driver's license, reports on whether to drive any danger, and medical certificates;
1. Criminal facts;