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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. The Defendant, in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle B new franchise XG.
around 03:12 on June 12, 2020, the Defendant driven the above vehicle at the Dam-dong Underground Parking Lot of Gwangjubuk-gu, Gwangju, and continued to proceed to E-Dong from the entrance of the Ddong.
Since there is a frequent passage of a vehicle in an apartment parking lot, there was a duty of care to safely drive a vehicle by checking whether a person engaged in driving of a motor vehicle is under the influence of alcohol, and whether a motor vehicle is a motor vehicle that is under the influence of alcohol and is under the duty of care to reduce the speed of the motor vehicle and to check it well.
Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.105%, driven the above vehicle by negligence while driving the vehicle, and received the front part of the Defendant’s vehicle from the victim F (34 years old) who was proceeding to the right right door on the left side of the horse at the time, while driving the vehicle.
Ultimately, due to the above occupational negligence, the Defendant suffered from the victim's left-hand satisfy in need of treatment for about two weeks.
2. On April 16, 2015, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court as a crime of violating the Road Traffic Act.
On June 12, 2020, at around 03:12, the Defendant driven a car from approximately 2 km to the 2km underground parking lot of the same Gu C apartment Ddong, in the state of alcohol of 0.105% of blood alcohol level.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A statement prepared by the F;
1. A traffic accident report;
1. A medical certificate;
1. Notification of the results of the drinking driving control, and the inquiry into the results of the drinking driving control (Evidence No. 18)
1. Judgment.