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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
Punishment of the crime
【Criminal Power】 On October 23, 2006, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on October 23, 2006, and a summary order of KRW 5 million for the same crime in the same court on January 26, 2010.
【Criminal Facts】
1. The defendant is a person who is engaged in the duty to drive a B-cruise car.
On April 13, 2019, the Defendant, while under the influence of alcohol by 0.122% of blood alcohol concentration, driven the said car to the Sinsan East-dong Police Station from the middle East-gu under the influence of the extension of the intersection of Ilsan-gu, Busan-si.
In such a case, there was a duty of care to operate a person engaged in driving of a motor vehicle by properly manipulating the operation and steering gear while living well on the front side and the left side of the motor vehicle.
Nevertheless, the defendant's negligence of not operating the brake system in a proper manner while under the influence of alcohol, caused the victim C (the age of 58) who was parked in the front line of the defendant's vehicle to be driven by the victim C (the age of 58) who was driving in the front line of the defendant's vehicle.
Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as the dump of the shoulder pipe, tension, etc. which requires treatment for about two weeks.
2. On April 13, 2019, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.122% from the 3km-gu, Yongsan-gu, Yongsan-gu to the Fastm on the front side of the Goyang-gu, Goyang-si around 20:47.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. The circumstantial statement, circumstantial statement, and notification of the completion of correction of a host driver;
1. A medical certificate;
1. Previouss before judgment: Criminal records, reply reports and investigation reports;