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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
1. The Defendant is a person who is engaged in driving of Bone Star bus in violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).
At around 00:10 on December 10, 2018, the Defendant was under the influence of alcohol with 0.235% of blood alcohol concentration, and the Defendant was driving B Costex, driving the B Costex, and driving the two-lane road in front of Yongsan-gu Seoul Metropolitan City along the two-lanes from the national theater to the riwon.
At night and at the same time, E rocketing taxi driven by the victim D(36 years of age) was stopped due to signal atmosphere, so in such a case, the driver had a duty of care to prevent accidents in advance by properly manipulating the steering gear and safely driving the steering gear.
Nevertheless, the Defendant neglected to do so and continued to do so, and received the above part of the rocketing taxi back of the said studio as the panion in front of the said studio.
After all, the Defendant, as seen above, sustained injury to the victim D by negligence in the course of driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, such as dynasium, tension, etc., and injury to the victim FF (the 40-year old age), who was on the cab, was in the same line with the victim F. (the 40-year age).
2. On February 6, 2009, the Defendant received a summary order of KRW 1,00,000 from the Suwon District Court to a fine for the crime of violating the Road Traffic Act, and on July 22, 2015, a summary order of KRW 3,00,000 from the Suwon District Court to the same crime.
While the Defendant was under the influence of alcohol level of 0.235% on the date and time set forth in paragraph (1), the Defendant was driving Bone Star Co., Ltd from approximately 2 km to the place set forth in paragraph (1).
Accordingly, the defendant is not less than twice the prohibition of drinking driving.