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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
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 BAD car.
On October 9, 2019, the Defendant driven the said car under the influence of alcohol level of 0.167% on blood alcohol level around 06:00, and came to go to the front and rear intersection of Dongdaemun-gu Seoul Metropolitan Government, and came to go to the speed of about 70km in speed from the two-lane to the military intersection in the direction of the military.
A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by driving the motor vehicle well and accurately manipulating the steering gear and brakes.
Nevertheless, the Defendant neglected the duty of the front-time watch and the operation of the brake system in a state of difficulty in normal operation due to breathing, such as in-fluoring, in an inaccurate, influoring, red, etc., by negligence, caused the victim C(56 years old)'s driver car, who was driving in the same direction, followed the part of the driver's car, which was driven by the Defendant, to the front part of the said car.
As a result, the Defendant suffered injury, such as salt, tension, etc., in a state where normal operation is difficult due to the influence of drinking, by negligence in the course of business as above, for about two weeks.
2. Around 06:00 on October 9, 2019, the Defendant driven a B-Adi vehicle under the influence of alcohol leveling 0.167% in the section of approximately 3km from the front line of the family in Dongdaemun-gu Seoul, Seoul to the front line of the Dongdaemun-gu, Seoul, to the front line of the Dongdaemun-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. A report on investigation;
1. A fact-finding survey report, a fact-finding report on a host driver, and a report on detection of a host driver;
1. The application of the legislation of the medical certificate.