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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 history] The defendant was sentenced to a suspended sentence of two years for a crime of violation of road traffic law at the Jeonju District Court on September 24, 2009. On July 13, 2007, the Jeonju District Court issued a summary order of KRW 1.5 million for the above crime.
[Criminal facts]
1. The Defendant is a person who is engaged in driving of the B Twork XG car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
On December 25, 2016, the Defendant driven the foregoing vehicle under the influence of alcohol level of 0.152% among blood transfusions on December 25, 2016, and changed the lane into one lane while driving the vehicle along the two-lanes of the two-lane road in front of the building Seo-gu, Seoan-gu, Incheon.
In such cases, a person engaged in driving of a motor vehicle has a duty of care to check the flow of the vehicle in the lane that he/she intends to change the course, and to prevent the accident in advance by changing the lane safely, such as making it possible to see the left and right well.
Nevertheless, the Defendant, while under the influence of alcohol, went through one lane due to the negligence of changing the vehicle line, was faced with the back part of the victim D(32) driving E 3 K3 vehicle due to the Defendant’s driving.
Ultimately, the Defendant driven the above vehicle in a state where normal driving is impossible due to the above influence of drinking, and the Defendant suffered from the fluoral fluoral fluor, which requires approximately two weeks of treatment to the said victim.
2. On December 25, 2016, the Defendant violated the Road Traffic Act (drinking) and Article 44(1) of the Road Traffic Act (drinking without a license) on two or more occasions, but again, driven a Bart XG car at the 1km section from the front of the 15-lane Seo-gu, Seoan-gu, Seoan City to the front of the 1km-ro 21 C Building without a driver’s license around 04:5 on December 25, 2016, while under the influence of alcohol leveling 0.152% of the blood alcohol level.
(i) the evidence;