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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 27, 2019, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.
1. Around 00:50 on April 27, 2020, the Defendant driven a d bargaining car under the influence of alcohol concentration of about 0.178% from the 2km section from the front of Pyeongtaek-si B to the front of Pyeongtaek-si C.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dlearning) is a person engaging in driving motor vehicles.
On April 27, 2020, the Defendant driven the above car at around 00:50, and led the front of Pyeongtaek-si C to drive it in the direction of Western-si.
At the time of night, there was a duty of care to prevent accidents due to the fact that a person engaged in driving of a motor vehicle was at night.
Nevertheless, the Defendant did not see the victim E(Y, 52 years old) driving car at the front side in a situation where normal driving is difficult due to the influence of alcohol as stated in Paragraph 1, and did not see the FM car at the front part of the said EM car at the latest due to the negligence of stopping at the latest.
Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, resulting in the injury of the victim G (ma, 55 years old) and the victim H (ma, South and 5 years old), each of whom requires two weeks medical treatment.
Summary of Evidence
1. Each written statement E, H and G of the defendant;
1. Report on the statement of the state of drinking drivers, and notification of the results of drinking control;
1. Each traffic accident report and each diagnosis report;
1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;