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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On January 8, 2016, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court.
[Criminal facts]
1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the operation of a CDI car.
On October 27, 2020, the Defendant driven the said car under the influence of alcohol concentration of 0.279% during blood transfusion around 00:35 on October 27, 2020, and stopped the front intersection in Gwangju Mine-gu C in the direction of Honam Highway from E side to stop the vehicle in the direction of Honam Highway.
At the time, there were nights and other vehicles in the vicinity, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents.
Nevertheless, the Defendant neglected to do so and did not look at the surrounding area while under the influence of alcohol, and was in the front part of the G L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L.
Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as salt ties and tensions in need of approximately 2 weeks of treatment, and injury to H (17 Does) who is the passenger of the victimized vehicle, such as salt ties and tensions that require approximately 2 weeks of treatment.
2. The Defendant was under the influence of alcohol content 0.279% in a place at all ports, while driving Benz E220 meters in a section of approximately 300 meters from the J Monthly Point in Gwangju Mine-gu to the front intersection in the same Gu C from the J Monthly Point in Gwangju Mine-gu to the front intersection in the same Gu.
Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Statement on the circumstances of the driver in charge of the actual condition survey; and
1.Each.