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A defendant shall be punished by imprisonment for a term of one year and four 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
On November 17, 2008, the defendant has been issued a summary order of KRW 3 million due to the violation of the Road Traffic Act in the Gangseo branch court of the Chuncheon District Court on November 17, 2008.
1. Around 19:30 on April 24, 2020, the Defendant driven a Fco or car at around 650 meters while under the influence of alcohol concentration of 0.135% from the parking lot at the seat of the C association located in Gangseo-si B to the front of the Ecafeteria located in Gangseo-si D.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) committed an error in proceeding with a mobile phone call while driving the said vehicle while driving the said vehicle at a difficult time due to influence of drinking at the same time, driving the two-lane road in front of the E-cafeteria located in Gangnam-si D at the seat of the parking lot of the C-U.D. at the entrance of the C-U.D. and driving the two-lanes at the entrance of the C-U.S. and driving the road at an irregular speed depending on one-lanes from the entrance of the C-U.S. parking lot, and neglecting the duty of due care to observe the course of the vehicle, and neglecting the duty of care to accurately operate the steering wheel and brakes, thereby causing the victim to suffer from the injury, such as H QM6 vehicle driven by the victim of G (the 40-year) who stopped the vehicle after getting the steering wheel to the left part of the vehicle and getting the victim to take care of light dum and tension for about two weeks.
Summary of Evidence
1. Statement of the defendant's legal statement, notice of the results of the drinking driving control, and the circumstantial statement of the driver;
1. A survey report on the actual condition and a photo of the scene of accident;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
1. Article 148-2(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) and Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 202) of the Act on the Punishment, etc. of Criminal Crimes, the choice of punishment for the crime, and each of them