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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Power] On March 28, 2018, the Defendant was sentenced to 8 months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) at the Seoul Eastern District Court on March 28, 201 and its judgment became final and conclusive on April 5, 2018, and
【Criminal Facts】
1. On June 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving of B-wing three cargo vehicles with blood alcohol concentration of 0.152%, while under the influence of alcohol level around 17:32 on June 14, 2019, the Defendant was driving in the direction of D-village in the direction of the intersection of the monthly distance.
At the same time, a bicycle driven by the victim E (the south and the age of 58) is being driven on the right side of the cargo vehicle. In such a case, the driver of the motor vehicle is obliged to pay attention to the bicycle driver who is going in the same direction. When the driver passes by the bicycle, the driver of the motor vehicle has a duty of care to ensure the necessary distance to avoid collision with the bicycle, while not driving the motor vehicle in drinking condition.
Nevertheless, the Defendant failed to discover a bicycle driven by a victim while under the influence of alcohol to the extent that normal dialogue or walking is impossible, and thereby proceeds without securing the distance to avoid collision with the above bicycle, the Defendant failed to avoid entering the road, and led the victim to the front side of the Defendant’s vehicle without avoiding entering the road.
As a result, the Defendant driven a motor vehicle in a situation where it is difficult for the Defendant to drive the motor vehicle normally due to influence of drinking, and suffered injury, such as the pulverization of a nearby flaver for about six weeks, to the victim.
2. On the date and time set forth in paragraph (1) above, the Defendant violates the Road Traffic Act (driving) and the place set forth in paragraph (1) above from the roads front of the former North Chang-gun.