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A defendant shall be punished by imprisonment for one year.
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 a Grandroth.
On October 19, 2018, the Defendant driven the above van while under the influence of alcohol of 0.18% with blood alcohol concentration of 0.18% on October 19, 2018, and got three-lanes of the three-lane road to the Busan East East-si unit in Osan-si, Osan-si, Osan-si.
A person engaged in driving of a motor vehicle has a duty of care to live well with the front left, and to safely drive the motor vehicle in compliance with the signals without drinking.
Nevertheless, the Defendant neglected this and proceeded with the red signal while making it difficult for the Defendant to drive it normally due to influence of drinking, and due to the negligence of driving it on the right side from the left side of the Defendant’s combined driving direction to the right side by the victim C(the age of 47) (the age of 47) driving the said road.
Ultimately, the Defendant, while driving under the influence of alcohol and driving under the influence of alcohol that is difficult to drive normally, was damaged by the Defendant’s negligence in the course of performing the above duties, such as the external pressure of cage signboards that require approximately seven weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The actual condition survey report, the report on the occurrence of a traffic accident, and the blood alcohol appraisal report (0.188%);
1. A medical certificate;
1. Application of the Acts and subordinate statutes on suspect vehicle booms and video CDs;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; and choice of imprisonment for each sentence, as to the relevant criminal facts;
1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;