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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 January 29, 2008, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution due to a violation of the Road Traffic Act by the Incheon District Court. On May 3, 2016, the same court issued a summary order of one million won as a fine for a violation of the Road Traffic Act.
【Criminal Facts】
1. On October 27, 2019, Defendant A violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) discovered that, at least 12:25 on October 27, 2019, the victim E, who stops in the atmosphere of the signal signal at the front time due to occupational negligence while driving a three-lane (3-lane) of the CF in front of the CF station located in Incheon Strengthening-gun B from both sides of the water surface at the vicinity of the water surface in the direction of the distance near the CF in the direction of the distance near the water surface, Defendant A suffered injury, such as salt and tension, etc. in need of treatment for the victim for about two weeks in the direction of the distance near the water surface of the water surface.
2. Although the Defendant was under the influence of punishment for drunk driving as above, the Defendant driven a fluoring vehicle under the influence of alcohol with a blood alcohol concentration of 0.041% (blood collection) at a distance of about nine kilometers from the window hon of the Changdong-gu, Incheon, Incheon, at the lower point of time, to the roads located in the front of the port of the preceding paragraph, even though it had been under the influence of punishment.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A written appraisal of blood alcohol;
1. A written diagnosis of victims;
1. On-site photographs;
1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same kind of records, etc.);
1. Relevant provisions of relevant Acts concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents (Selection of Imprisonment without prison labor), Article 268 of the Criminal Act, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;