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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 29, 2018, under the influence of alcohol level of 0.222% among blood alcohol level, the Defendant driven a BMW vehicle at around 23:50, and led the Defendant to drive the BM vehicle at the intersection of the mountain village in front of the mountain village north-gu, Gwangju. On the other hand, the Defendant was negligent in driving the DM vehicle at the central line without neglecting the duty of care to safely drive by operating it, such as checking the front side and the left side well, accurately operating the steering direction and operating the steering system, and observing the lane, and thereby causing the Defendant’s injury to the victim by neglecting the duty of care to safely drive the C (56 years old) in front of the above BMW vehicle with about 0:22% of alcohol level of 0,000, and suffered about two weeks in front of the above BMW vehicle and the injury to the victim, such as the tension and the injury to the victim during the given BMW vehicle at about two weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. On-site photographs;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 148-2 (2) 1 and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1), the proviso to Article 3 (2), Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);
1. Selection of imprisonment without prison labor for crimes violating the Traffic Act at the option of punishment, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the same Act (a punishment by imprisonment, but a short term of the punishment provided for a crime of violation of Road Traffic Act shall be the lower limit);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 (1) of the Criminal Act, the Act on the Protection, Observation, etc.;