Text
1. The defendant shall be punished by imprisonment with prison labor for one and half years;
2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
[criminal power] On July 23, 2015, the Defendant was issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch Branch on July 23, 2015, and a fine of KRW 2 million as a crime of violation of the Road Traffic Act (driving) from the Incheon District Court’s Branch Branch on October 27, 2017.
【Criminal Facts】
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a B franchise;
On November 5, 2019, at around 00:50, the Defendant changed the course from the two lanes to the three-lanes of the two-lanes of the two-lanes among the three-lanes of the Asia Island, while driving from the area of the king Island to the king-dong.
In such a case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol while normal driving is difficult, and since the victim C(the age of 43) who is driving ahead of the three lanes behind the DPoter II motor vehicle, the driver has a duty of care to ensure safety distance to the extent that it is possible to avoid confluence with the front vehicle when changing the course.
Nevertheless, the Defendant neglected this and operated a vehicle while under the influence of 0.153% alcohol concentration, and changed the course from two to three lanes, and failed to maintain the safety distance with the front vehicle, and due to the failure to keep the safety distance from the front direction of the Defendant vehicle, the part of the front direction of the Defendant vehicle, which led to a collision with the front direction of the victim vehicle as the damaged vehicle proceeds to the right side due to its shock.
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately two weeks of medical treatment.
2. Violation of the Road Traffic Act;