beta
Text
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
[Criminal Power] On June 4, 2012, the Defendant was issued a summary order of KRW 1 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
1. The defendant is a person who is engaged in driving a vehicle BM7 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
On January 17, 2020, the Defendant driven the above vehicle while under the influence of alcohol of 0.104% of blood alcohol concentration at around 00:17, and continued the road near Gangnam-gu Seoul Metropolitan City at the speed that cannot be seen as the shooting distance of the Simsu-gu, Chungcheongnam-dong.
At the time, there are nights and cross-sections in the front, so in such cases, there was a duty of care to prevent accidents in advance by reducing speed and driving safely by checking well the front side.
Nevertheless, the Defendant neglected this and was driven by the victim D (year 46) who was driven by the Defendant on the front side of the vehicle in a situation where it is difficult for the Defendant to drive the vehicle normally due to influence of drinking.
As a result, the Defendant driven the said vehicle in a state where it is difficult for the Defendant to drive the vehicle normally while under the influence of alcohol, thereby suffering from injury, such as salt dump, tension, etc. in need of approximately two weeks of treatment.
2. Around 00:17 January 17, 2020, the Defendant driven the said vehicle while under the influence of alcohol of 0.104% of the blood alcohol concentration from the 1km section of approximately 1km to the roads near the Yari-dong, Gangnam-gu, Seoul to the roads near the Seoul Gangnam-gu Seoul.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Results of audio and video CD reproduction;
1. Statement on the occurrence of D traffic accidents;
1. Reports on traffic accident, photographs of the vehicle involved in the accident, and estimates;
1. Exemplary drivers;