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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 a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On November 23, 201, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court on November 23, 201, and a fine of five million won for a crime of violating the Road Traffic Act (drinking driving) on April 4, 2014.
[Criminal facts]
1. The Defendant is a person who is engaged in driving a driver car of the B B B leke as a result of the violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from a dangerous driving).
On May 3, 2018, the Defendant driven the said vehicle at one-lane of the two-lanes of bathing beach distance from the eastbridge to the eastbridge of the two-lane, while under the influence of alcohol level of 0.169% among the blood transfusions around 03:58, the Defendant driven the said vehicle.
At the time, there is a night and there is a traffic congestion around the sea side, so in such cases, a person engaged in the automobile driving duty has a duty of care to safely proceed along the right side of the center line.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving the center line in a situation where normal driving is difficult, led to the front part of the Defendant’s driving vehicle in front of the Defendant’s driving vehicle, which was driven in the direction opposite to the Defendant’s driving direction.
As a result, the Defendant transferred a motor vehicle in a state where normal driving is difficult due to influence of drinking, and at the same time, caused the victim E by negligence in driving a central line to suffer from an injury such as a fluoral fluor, etc., which requires a three-day medical treatment, the injury of the fluoral fluor, etc., which requires approximately two-day medical treatment to the victim G (52) of the fluor of the damaged vehicle, and the victim H (the fluor, 40 years old) of the fluor of the vehicle, respectively, for about four-day medical treatment.
2. On May 3, 2018, the Defendant is a person who has been punished twice due to drinking, and the alcohol concentration of around 03:58 on May 3, 2018 is 0.169%.