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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 28, 2016, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court for a violation of the Road Traffic Act.
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving train B
On January 28, 2020, at around 18:10, the Defendant driven the above cargo while under the influence of alcohol in a figure of which the blood alcohol concentration cannot be known, and proceeded with the roads prior to “D” located in Chungcheong Hong-gun C, Hong-gun, by straighting the aforesaid cargo onto the E-cafeteria.
At the time, since the vehicles, etc. waiting to signal on the front side are stopped, there was a duty of care to prevent accidents in advance by thoroughly operating the front time and properly operating the brake system to prevent accidents in advance.
Nevertheless, the Defendant, while under the influence of alcohol, failed to reduce the speed and failed to proceed as it is, was driven by the victim F (F.M., 42 years old) who stops for the signal atmosphere at the front of the foregoing cargo vehicle driven by the Defendant by negligence, and the lower part of the passenger car was shocked by the front part of the above cargo vehicle driven by the Defendant.
As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as light dynasium in need of treatment for about two weeks.
2. Violation of the Road Traffic Act (Refusal of Drinking Measures) provides that the Defendant shall comply with a drinking test by inserting approximately 15 minutes of alcohol in a manner of inserting it into a drinking measuring instrument three-minutes, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, snicking, snicking on the face of the Hongsung Police Station H District, which was called out by an accident that occurred at the point of the accident at the same time and at the same time as the preceding paragraph.