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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On December 12, 201, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) from the Jeonju District Court’s branch court on December 12, 201.
【Criminal Facts】
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving service with B 125cc c.
On December 30, 2019, the Defendant, while under the influence of alcohol around 20:30 on December 30, 2019, driven the 0.103% of the blood alcohol concentration, and led the fluora-gun C private-distance intersection from D to E apartment direction.
At this point, since there is frequent traffic along the narrow-distance intersection in operation, there was a duty of care to prevent accidents in advance by driving safely, such as temporarily stopping the vehicle immediately before the intersection and checking whether or not there is a vehicle driving by checking the traffic situation.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop temporarily and did not enter the said intersection and was negligent in entering the said intersection, and received the top part of the victim FF (the age of 36) who was proceeding with the said intersection at the time.
Ultimately, the Defendant suffered from the victim’s injury, such as salt dynasium, which requires approximately two weeks of medical treatment, due to the foregoing negligence.
2. Violation of the Road Traffic Act (driving) the Defendant driven the breab while under the influence of alcohol at approximately 00 meters of alcohol level 0.103% in a section of about 700 meters from the first day before and after the day from the Haan-gun H of the above temporary border area to the Haan-gun C history.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. On-site investigation report, on-site evidence photographs of traffic accidents, and on-site investigation report;
1. Report on detection of drivers, report on the status of drivers, and investigation report (report on the circumstances of drivers);
1. A medical certificate;
1. Data about images of accidents;
1. Previous convictions in judgment: Criminal history records, inquiry reports (A), investigation reports (the identity of a suspect, and attachment);