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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On January 2, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Changwon District Court’s territorial jurisdiction.
【Criminal Facts】
1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a BSP car.
On September 11, 2019, the Defendant driven the said car while under the influence of alcohol 0.096% of alcohol concentration of 0.50%, and led to the turn left to the left from the e elementary school to the F apartment room.
Since there is a cross-section where signal lights are installed, there was a duty of care for a person engaged in driving service to take the front door and left door well and to drive safely in accordance with the signals.
Nevertheless, the Defendant neglected to make a left-hand turn in violation of the signal even though he was under the influence of alcohol and went to the right-hand side of the Defendant’s vehicle, and the front part of the Defendant’s HK5 vehicle driving at the victim G (Nam, 53 years old) at the right-hand side of the Defendant’s vehicle.
Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim G, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and the injury to the victim I (the victim I (the 34 years old), who was accompanied by the damaged vehicle, such as finites that require medical treatment for about two weeks.
2. The Defendant violated the Road Traffic Act (driving) in the section of about 2 km from J apartment at the time of temporary grace as set forth in paragraph (1) of the same Article to the D store front roads located in the same city C, the Defendant driven B SP car while under the influence of alcohol of about 0.096% in blood alcohol concentration.
Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement, a written statement, and a victim;
1. A survey report on actual condition, notification of the results of the drinking driving control, medical certificate (I), and medical certificate;
1. Judgment.