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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 three years from the date of the final judgment.
Reasons
Punishment of the crime
On August 17, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Busan District Court's Dong branch branch, and on May 21, 2013, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Busan District Court's Busan District Court for six months and two years of suspended execution.
The defendant is a person who is engaged in driving of B 2 cargo vehicles.
Although the Defendant had had been punished for drinking driving more than twice as above, the Defendant, at around April 21, 2019, was under the influence of alcohol level of 0.137% on Apr. 3, 2019, proceeded to the breadth from the west to the breadth of 778-5% in the east-si, the east-si, the additional east-si, east-si.
Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.
Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving the Defendant’s vehicle driving ahead of the victim C(34 years old) driving, which was in the opposite lane, due to the negligence in driving the center line, and was led to the front part of the cargo vehicle.
The Defendant, by such occupational negligence, suffered injury to the victim C, such as salt, tensions, etc. of the cirratty that requires approximately three weeks of medical treatment, and injury to the victim E (V, 21 years of age) who was accompanied by the cirratum, tensions, etc. in need of medical treatment for about three weeks.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. Each written diagnosis;
1. The actual condition survey report;
1. On-site photographs and the results of the control of drinking driving;
1. Previous records of judgment: Criminal records, inquiry reports, summary orders, application of statutes;
1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Punishment;