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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On May 18, 2017, the defendant has been notified of a summary order of one million won as a crime of violating the Road Traffic Act at the Daejeon District Court on May 18, 2017.
1. Around 01:46 on May 28, 2020, the Defendant driven a FNAS car under the influence of alcohol leveling 0.181% in a section of about 300 meters from the road near the main point of “C” located in Daejeon Seo-gu building B to the road near the “E” restaurant located in the same Gu D.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).
On 28. 020. 01:46 around 01:46, the Defendant, while under the influence of alcohol, driven the NAS car and passed the H crossing in Daejeon U.S. G in the direction of flow from the direction of flow to I.
At the time, it is at night and at the same time an intersection with a red on-and-off signal apparatus, so in such cases, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents, such as temporarily stopping before entering the intersection, and keeping the front, rear and left well, etc.
Nevertheless, the Defendant, while under the influence of alcohol, has been driven by the victim J (Nam, 29 years old) who passes through the intersection from the left side of the course to the right side of the motor vehicle due to negligence in breach of liquor duty, etc., and received the back wheel part of the motor vehicle as the front part of the motor vehicle of the NAS.
The Defendant suffered injury to the victim, such as salt ties, tensions, etc., which require approximately two weeks of medical treatment due to occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police to J (Simplified traffic);
1. Note-A written diagnosis of the circumstantial statement of a host driver - one CD;
1. A previous record of judgment: A written inquiry, such as a criminal record;