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A defendant shall be punished by imprisonment for not more than ten months.
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
On December 20, 2013, the Defendant is a person who was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Seoul Northern District Court on December 20, 2013 and a fine of KRW 4 million at the Suwon District Court on July 9, 2018 and violated the prohibition of driving under the influence of alcohol at least twice, and is engaged in driving of BK7 vehicles.
On December 15, 2018, at around 07:10 on December 15, 2018, the Defendant driven the said car while under the influence of alcohol of 0.120% without a driver's license for a motor vehicle, and led to the flow of four-lanes on the Highway located in Seocho-gu Seoul Metropolitan Government Seocho-gu along the two-lane from the IIC bank.
Since there were many vehicles driving on the weekend at the time, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as making the front door and the left door well, and to prevent accidents in advance, while under the influence of alcohol, a person engaged in driving a motor vehicle has a duty of care to prevent accidents.
Nevertheless, due to the negligence of neglecting this, the Defendant, while driving the vehicle as it is, received a part of the victim E(67 years old) driver’s vehicle in the direction of the driving on the three-lane side of the right side of the Defendant’s driver’s vehicle, after the left side of the victim CK7 driver’s vehicle in the direction of the driving on the three-lane side, and subsequently, received a part of the victim E(67 years old) driver’s vehicle in the direction of the driving on the two-lane side of the Defendant’s vehicle in the front part of the driving direction.
As such, the Defendant, while under the influence of alcohol, was unable to drive normally, suffered from the injury of “influoral salt and tension” that requires approximately two weeks’ medical treatment to C by negligence on duty, and the injury of “influoral salt” in the days of treatment to E, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning C and G;
1. A traffic accident report;
1. The register of driver's licenses and the control of drinking driving;