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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On February 17, 2016, the Defendant was sentenced to two years and eight months of imprisonment with labor for special injury at Seoul High Court, etc., and the judgment was finalized on May 12, 2016, and the execution of sentence was completed by the 2nd prison in the Ganwon Northern District Court on January 11, 2018. On February 24, 2009, the Defendant was a person who received a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) from an Ansan District Court’s Busan District Court’s Busan District Court’s Busan Branch branch on October 9, 2009, and received a fine of KRW 4 million due to a violation of the Road Traffic Act (driving).
【Criminal Facts】
The defendant is a person who is engaged in driving a radar car.
On April 8, 2019, at around 23:46, the Defendant driven the said car while under the influence of alcohol with 0.080% of blood alcohol concentration, and changed the course to make a right-way while driving the vehicle in front of the Busan Metropolitan City along the one-lane distance from the bank of the Jacheon-si.
In this case, the defendant, who is engaged in driving service, has a duty of care to inform the direction change in advance and to change his course safely by taking into account the traffic situation of the front and rear left.
Nevertheless, the Defendant neglected this and received the part of the left side of the E-si driven by the victim D (year 59) who is driving along a three-lane from the right side of the vehicle by occupational negligence, while changing the course to the right side of the vehicle of the Defendant.
As a result, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, drives a motor vehicle under the influence of alcohol again, and caused the victim D to suffer injury, such as an injury caused by a traffic accident for about two months due to the negligence in the above-mentioned business.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The actual condition of traffic accidents, on-site photographs;
1. A report on the statement of the executive status of an employee;