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A defendant shall be punished by imprisonment for not less than one year and six 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 February 14, 2014, the Defendant was issued a summary order of KRW 6 million for a fine of KRW 1 million due to a violation of the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong Housing Site.
On November 21, 2019, at around 21:35, the Defendant was under the influence of alcohol at 0.174% of blood alcohol concentration, and became to turn to the left at the right-hand tunnel from the side of C elementary school at an irregular speed depending on one lane among the three-lane roads located in Pyeongtaek-si, Cheong-si, North west-gu, Cheong-do, to the intersection.
Since there was an intersection where a signal, etc. is installed, the defendant engaged in driving service was unable to accurately operate the steering direction and brakes under the influence of alcohol despite the fact that there was a duty of care to safely drive by observing the traffic signal, and thus, he did not see the traffic signal while driving in a state where normal operation is difficult due to the impossibility of accurately operating the steering direction and brakes under the influence of alcohol, and the victim D (the age of 38) who was driving in accordance with the new code from the left side of the defendant's front side of the motor vehicle due to the negligence on the left side of the victim D (the age of 38) who was driving in accordance with the new code, and caused the victim to suffer a light spady that
As a result, the defendant violated the prohibition of drinking driving more than twice, and the defendant driving the above vehicle in a situation where it is difficult to drive it normally due to influence of drinking, thereby causing injury to the victim.
Summary of Evidence
1. Statement of the police statement concerning D's legal statement of the defendant;
1. Report on the statement of the state of drinking drivers, and notification of the results of drinking control;
1. A certificate of actual condition survey;
1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports, and Acts and subordinate statutes;
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 (Aggravated Punishment, etc. of Specific Crimes Injury Caused by Dangerous Driving), Articles 148-2 (1) and 44 (1) (a point of sound driving) of the Road Traffic Act, and choice of imprisonment with prison labor.