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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
1. On August 22, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven CK5 car while under the influence of alcohol of three lanes in front of Seo-gu Incheon, Seo-gu, Incheon at a level of 0.105% of blood alcohol level, and proceeded with two-lanes at the north port from the north port from the south-west bank.
Since there is a place where separation is installed, there was a duty of care to safely operate the tea with the driver's duty of care by accurately operating the brakes and steering gear.
Nevertheless, the Defendant was negligent in neglecting the duty of the steering gear and operation of the steering gear in a state where normal driving is difficult due to the influence of alcohol such as 0.105% alcohol while under the influence of alcohol such as blood alcohol, and without accurately operating the steering gear and operation of the steering gear and the steering gear in a state where normal driving is difficult due to the influence of alcohol such as red. On the other hand, the Defendant received the front portion of the left-hand portion of the E-hand portion of the victim D (ma, 52 years old) of Chinese nationality, who was operated along the vehicle in the opposite direction, while driving the vehicle beyond the median line in the opposite direction.
As a result, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, and suffered injury, such as salt, tension, etc. of the part in which the details of the loss requiring medical treatment for about four weeks are unknown.
2. The Defendant violated the Road Traffic Act (driving) driving CK5 vehicles under the influence of alcohol with approximately 0.105% alcohol concentration from the section of approximately 1.1km from the front of the Seo-gu Incheon, Seo-gu to the front of the Gu road.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements prepared in D;
1. Application of Acts and subordinate statutes to diagnosis reports on circumstantial statements of a host driver and photographs on accident site;
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;