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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
Criminal facts
【Criminal Power】 On June 7, 2018, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act at the Cheongju District Court.
【Criminal Administration】
1. The defendant is a person who is engaged in driving service of a vehicle B with low-priced vehicle.
On November 30, 2019, the Defendant driven the said car with the blood alcohol concentration of 0.176% 0.176% at the same time and driven the front road in North-gu C at the port of port along the remote distance from D.
Since there are frequent traffic of vehicles on a four-lane road, there was a duty of care to prevent accidents in advance by driving safely, such as reducing the speed and maintaining the safety distance with other vehicles as a person engaged in driving business.
Nevertheless, the Defendant neglected to do so and did not look at the surrounding areas while driving it, and found the Defendant’s vehicle of the victim E (Nam, 37 years old) driving at late, and received the back portion of the said vehicle in front of the said low-speed vehicle.
Ultimately, the Defendant suffered from the injury of the victim G (the 36 years of age), the victim H (the 9 years of age), the victim I (the 4 years of age), and the victim I (the 4 years of age) by occupational negligence as above, for about two weeks of medical treatment.
2. On November 30, 2019, the Defendant was under the influence of alcohol at around 0.176% of blood alcohol level on November 30, 2019, the Defendant driven a 2km vehicle from the 2km section from the Judio in the north-gu, Posi to the front road located in the same Gu C.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Each E statement;
1. Reports on the occurrence of traffic accidents, photographs of accident site, and notification of the results of the drinking driving control; and