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A defendant shall be punished by imprisonment for not less than one year and six 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
[criminal power] On November 28, 2012, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court’s Port Branch on November 28, 2012, and a fine of KRW 2 million for the same crime in the same court on November 18, 2013, respectively.
【Criminal Facts】
1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) that is a person who is engaged in driving a new franchise tourist bus;
On June 14, 2020, the Defendant driven the above vehicle while under the influence of alcohol of 0.086% with blood alcohol concentration of 07:00, and led the Defendant to drive the said vehicle along the two-lanes from the port of port to the Daegu-Pohang Highway 32km located in the signal box of the Gyeongcheon-si, Seocheon-si.
Since this is an expressway, in such a case, there was a duty of care to prevent accidents in advance by safely operating the steering station and steering the steering and steering system in a state of unbreathy, and by accurately operating the steering and steering system.
Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this and received the front part of the right side of the above vehicle that the Defendant drives.
As a result, the Defendant suffered injury to C (Nam, 21 years old) who was on board the above vehicle driven by the Defendant due to the above occupational negligence, such as a shoulder that requires approximately two weeks of medical treatment, and left arms, etc.
2. Violation of the Road Traffic Act (driving) the Defendant driven the bus described in paragraph (1) while under the influence of alcohol at approximately 0.086% of the blood alcohol concentration in the section of about 40 km from the south-gu adjacent road at the time of the temporary border as described in paragraph (1) to the place described in paragraph (1).
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. The defendant's legal statement, the actual condition investigation report, and the occurrence of traffic accidents shall be reported;