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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Records] On November 10, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating Road Traffic Act (drinking) at the Daejeon District Court on November 10, 2009
[Criminal facts]
1. On May 5, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving a Bnn vehicle at around 20:30, while driving the Bnnan vehicle at around 75, a 75-ro, Pyeongtaek-dong public parking lot.
At the time, the victim C (the South 58 years old) was driving a new car, so in this case, the driver of the vehicle has a duty of care to properly see the rear side and accurately operate the brake system to prevent the accident in advance.
Nevertheless, the Defendant neglected to perform the above duty of care and caused the injury to the victim, such as salt, tension, etc., which requires the victim's treatment for about two weeks due to the shock of the Defendant's driver's vehicle by taking the front part of the victim's driver's vehicle as part of the back part of the Defendant's driver's vehicle.
2. Although the Defendant violated the Road Traffic Act (drinking driving) had the record of punishing drinking drivers on one occasion as above, the Defendant driven a vehicle B in the same manner as Paragraph 1, while under the influence of alcohol content 0.146% in blood at the time and at the place specified in Paragraph 1.
Summary of Evidence
1. Oral statements by defendants, reports on traffic accidents, reports on the occurrence of traffic accidents, and photographs at the scene of accidents;
1. Investigation report and report on the circumstances of the driver's license in the main place;
1. A written diagnosis of the results of regulating drinking driving;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions in disposition, and application of summary orders-related Acts and subordinate statutes;
1. Relevant Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(1) and 44(1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor).