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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
On July 1, 2008, the Defendant received a summary order of KRW 2,50,000 from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and on January 16, 2013 to a fine of KRW 4 million for a violation of the Road Traffic Act, respectively.
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving motor vehicles B;
On June 3, 2016, the Defendant driven the above cargo vehicles around 18:50, and led to the flow of the three-lanes of the Seongdong-gu Seoul Metropolitan Government Sungsan-do road along the south side along the three-lanes in the direction of the north side from the south side.
Since the vehicle is dead at the time, there was a duty of care to thoroughly keep the driver in front of the vehicle and drive the vehicle safely by thoroughly performing the duty of care.
Nevertheless, the Defendant, while under the influence of alcohol alcohol by 0.121%, was under the influence of alcohol while driving in a normal condition due to a breath of alcohol, was faced with the part of the Defendant’s cargo vehicle backper part of the Rastto car driven by the victim C (A. 37 years old) who was driving in the front of the vehicle due to the negligence in a breath of the mast which was driven by the driver.
Accordingly, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.
2. Although the Defendant had the record of being punished twice due to drunk driving as above, the Defendant driven the Poter II truck under the influence of alcohol content 0.121% from the 12K section to the place of accident under the above 1.1.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the occurrence of each traffic accident;
1. Traffic accident report, ..