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.

Punishment of the crime

【Criminal Power】 On August 27, 2012, the Defendant was sentenced to a fine of KRW 3 million by the Seoul Northern District Court for a violation of the Road Traffic Act.

【Criminal Facts】

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On March 10, 2020, the Defendant driven the said car while under the influence of alcohol of 0.115% of blood alcohol concentration on March 10, 2020, and led the Defendant to drive the said car along three-lanes in front C in the direction of D's government point, with the road of 0.15% of the said car.

At the time of night, there was an intersection where signal lights are installed at the front, so there was a duty of care to prevent accidents in advance by driving safely by checking the situation of other vehicles in good condition.

그럼에도 불구하고 피고인은 술에 취해 이를 게을리 한 채 막연히 진행한 과실로 같은 차로 전방에서 신호대기 중이던 피해자 E(여, 56세) 운전의 F 팰리세이드 승용차의 뒷범퍼 부분을 피고인 운전의 승용차 앞범퍼 부분으로 들이받았다.

결국 피고인은 위와 같은 업무상 과실로 피해자 E에게 약 3주간의 치료가 필요한 경추의 염좌 및 긴장 등의 상해를, 위 팰리세이드 승용차에 동승한 피해자 G(남, 49세)에게 약 2주간의 치료가 필요한 뇌진탕 등의 상해를 각각 입게 하였다.

2. Around 02:50 on March 10, 2020, the Defendant driving a B-low-income vehicle under the influence of alcohol content 0.115% from the section of approximately 3.8km from the front of the “I” singing store located in H at the Government of the Gyeonggi-si, to the front of the same day from around 03:10 on the same day.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

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