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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On July 4, 2006, the Defendant received a summary order of KRW 700,000 from the Cheongju District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and on October 2, 2007, from the Gwangju District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act.
The defendant is a person who is engaged in driving of a car in the SP area B.
On September 21, 2012, the Defendant driven the said car under the influence of alcohol of 0.129% with a blood alcohol concentration of 03:05, and led to the running of the said car at a speed of about 50 km-distance distance from the side of the Agcheon-dong in Gwangju, Seo-gu along the seven-lane distance from the Agcheon-dong.
In this case, the driver has a duty of care to reduce speed and drive safely by taking into account the front side. In this case, the driver has a duty of care to reduce the speed and drive safely.
Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding without neglecting it, and the part behind the above set-off passenger car was followed by the Defendant’s driving force on the front part of the passenger car.
Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim E, who was on board the said passenger car, such as “influences and tensions,” which requires a two-day medical treatment, and at the same time damaged the said passenger car owned by F to cover KRW 6,149,876.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of C and E;
1. A traffic accident report and a report on detection of a drinking driver;
1. Each written diagnosis and written estimate;
1. Previous records before ruling: Application of inquiry reports, such as criminal records, and investigation reports (Evidence List No. 18);
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act concerning criminal facts;
1.Article 40 of the Criminal Code of Trade and Trade.