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A defendant shall be punished by imprisonment for one year.
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
[Power of Violation of Article 44(1) of the Road Traffic Act] The Defendant was issued a summary order of KRW 1.5 million at the Gwangju District Court on August 21, 2012 as a crime of violation of the Road Traffic Act.
【Criminal Facts】
1. Around 18:15 on December 26, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) brought about a signal signal according to the vehicle red signal while driving a two-lane freight vehicle in the front direction B of Gwangju Northern-gu along three-lanes from the cultural distance protection area to the nonlibrary distance protection area.
At the time of the defendant's front of the intersection where traffic signal, etc. is installed, the victim D(33 years of age) E 5 cars were in the front of the defendant, so in such a case, the driver of the motor vehicle should not drive the motor vehicle while under the influence of alcohol, and the driver of the motor vehicle has a duty of care to secure and maintain the safety distance with the motor vehicle in front of the motor vehicle and to accurately operate the brake system.
Nevertheless, the Defendant, while under the influence of alcohol, neglected to operate the brakes by wrong operation of the brakes, proceeded with the above cargo vehicles in the signal atmosphere, and received the back portion of the 5-day passenger vehicle from the victim as the front part of the cargo vehicle, and caused the victim to suffer injury, such as the climatic salt, tension, etc. which requires approximately two weeks medical treatment.
2. While the Defendant was under the influence of alcohol level of 0.122% at the above temporary border, the Defendant driven CPoter-II truck from the post office located in Gwangju Northern-dong 996-8 up to approximately 2 km from the post office located in Gwangju Northern-dong to the front direction of Gwangju Northern-dong B.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements prepared in D;
1. A traffic accident report;
1. A medical certificate;
1. Notification of the control of drinking driving;
1. Previouss before judgment: Criminal history records;