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A defendant shall be punished by imprisonment for not less than eight 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 December 23, 2016, the Defendant was sentenced to a suspended sentence of two years and a fine of five million won for six months, on the grounds of a violation of the Act on the Punishment of Acts, including the Mediation of Commercial Sex Acts, etc. at the Seoul Central District Court (the brokerage of commercial sex acts, etc.) and the judgment on April 28, 2017 became final and conclusive.
1. The Defendant is a person engaged in driving the CMW car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).
At around 00:30 on January 10, 2017, the Defendant driven the vehicle in a state where it is impossible to drive the vehicle normally due to the influence of alcohol from the remote distance of the 680-Hung apartment in Gangnam-gu Seoul, Gangnam-gu, Seoul, to drive the vehicle in a state where it is impossible to drive the vehicle normally due to the discharge of the vehicle from the hill bank.
In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle in accordance with the traffic signals by reducing speed and keeping the front door well.
Nevertheless, the Defendant was under the influence of alcohol and passed a stop line at the front right line due to the negligence of the left turn at the front right line, and was under the influence of the victim D(27 tax and South) with the driving seat of the BMW car due to the Erash driven by the victim D(27 tax and South).
After all, the defendant suffered injury to the above victim due to the above occupational negligence, such as cerebral sye, which does not have any wound within two weeks of open medical treatment.
2. Violation of the Road Traffic Act (refluence of alcohol measurement) by the Defendant driving the said BMF car at a section of about 500 meters from the front of the pop-up hotel in Gangnam-gu, Seoul to the place of accident as described in paragraph (1) in the condition of drinking at the time of the day indicated in paragraph (1) and causing a traffic accident as above. On January 10, 2017, the Defendant failed to comply with the demand of the police officers for a alcohol measurement at least three times from around 01:01 to around 01:16 of the same day, and thereby failing to comply with the demand of the police officers for a alcohol measurement.