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A defendant shall be punished by imprisonment for one year.
except that 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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving motor vehicles B high-
On September 12, 2018, the Defendant driven the said car under the influence of alcohol 0.179% with a blood alcohol concentration of 0.179% on September 16, 2018, and led the Defendant to drive the said car along the same luminous distance from the side of the same luminous intersection to the same luminous distance.
In this case, a person engaged in driving a motor vehicle has a duty of care to reduce speed and accurately manipulate the steering direction and brakes so that the person engaged in driving the motor vehicle has a duty of care to prevent the accident in advance.
Nevertheless, under the influence of alcohol, the Defendant was in front of the Defendant’s car by neglecting the above duty of care and failing to accurately handle the hand-on hand.
Ultimately, the Defendant suffered injury to the victim D(34 years of age) who was on board the Defendant’s car in a situation where normal driving is difficult due to influence of drinking. 2. Violation of the Road Traffic Act (driving) on February 1, 200, and violation of the Road Traffic Act (Unlicensed driving) on July 24, 200, the Defendant driven a vehicle under paragraph (1) without obtaining a driver’s license from the Defendant’s residence in Jeju City to the site of accident as set forth in paragraph (1) on around 0.179% of blood alcohol concentration, without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to survey reports on actual condition, accident site photographs, ledger of driver's license, notification on the results of the control of drinking driving, and report on the actual state of drinking drivers;
1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) concerning criminal facts, and Article 148-2(2) of the Road Traffic Act.