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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 29, 2016, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act, at the Seoul Western District Court.
1. On December 20, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a vehicle with blood alcohol concentration of 0.080% at 0.080%, and driving a four-lane in front of the head office of the D Association in Soyang-gu C at Goyangyang-gu, Soyang-si C, at a speed of about 40km from the original entertainment basin, and driving the four-lanes along the three-lanes at a speed of about 40km from the original entertainment basin.
At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to safely operate the brake and steering gear by accurately operating the steering and steering gear.
However, the Defendant neglected to do so, while driving the benz vehicle under the influence of alcohol as above, received from the front side of the above four-lanes of driving FSM6 on the right side of the victim E (the 52-year-old driver) who stops on the above four-lane right side of the benz vehicle as the front side of the benz vehicle.
The Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.
2. The Defendant violated Article 44(1) of the Road Traffic Act by driving a vehicle B E20d under the influence of alcohol level 0.080% from a section of approximately 1.5 km from a Do in front of any restaurant near the Goyang-gu, Goyang-gu, Goyang-si to the road in front of the head office of the D Association located in Goyang-gu, Goyang-gu, Goyang-si, Yangyang-si despite the aforementioned punishment power, at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. A medical certificate;
1. An accident site photograph;
1. Before ruling: Criminal records and a list of relevant cases;