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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
On January 8, 2010, the Defendant was sentenced to a fine of one million won for the crime of the Road Traffic Act in the Hongsung Branch of Daejeon District Court.
1. On August 31, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle with B low alcohol concentration of 0.177%, while under the influence of alcohol around 05:50 on August 31, 2019, and led to the remaining intersections in the Gu-Eup of Sinsan-si in the direction of the distribution control to the south speed in the direction of the movement control.
At the same time, the traffic control was conducted by signal apparatus at a three-distance crossing, and the signal apparatus in the direction of the defendant's driving was red, so in such a case, a person engaged in driving a motor vehicle has a duty of care to see the front left, to safely drive the motor vehicle in compliance with the signal, and to prevent the accident from spreading.
The Defendant neglected to do so and did not neglect that a vehicle driving signal is changed to a stop signal, and by negligence proceed to the left-hand turn on the left-hand side of the running direction of the Defendant, the Defendant received a part of the right-hand side of the DNA boarding car driven by the victim C (the age of 41) who entered the said intersection in accordance with the new subparagraph on the left-hand side of the driving direction of the Defendant.
After all, the Defendant driven under the influence of alcohol that it is impossible to drive normally due to the influence of alcohol, and the Defendant suffered a confection that requires treatment for about two weeks.
2. Around 05:20 on August 31, 2019, the Defendant driven the said vehicle under the influence of alcohol with approximately 0.177% at the section of about 7km from the Sung-dong to the parallel of the Dong-gu, Sinsan-si, Ansan-si.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The actual survey report on traffic accidents;
1. Report on the current status of a drinking driver, investigation report, inquiry report, inquiry request for appraisal, and notification of the results of the control of drinking driving (blood collection);
1. A medical certificate;