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A defendant shall be punished by imprisonment for six 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
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving cars BM3;
On January 22, 2016, at around 09:45, the Defendant driven the said car in such a state that it is difficult to drive the car normally due to the influence of drinking, such as red and so on, while under the influence of alcohol, the blood alcohol concentration of 0.189%.
The Defendant, prior to the same direction, had a duty of care to secure and proceed with a safe distance that can be avoided in the event that he well sees the situation as a person engaged in driving service.
Nevertheless, under the influence of alcohol, the Defendant was negligent in driving in the vicinity of the vehicle and received the back part of the EM3 vehicle driving by the victim due to negligence.
Ultimately, the Defendant suffered injury to the victim, such as satisfinal finites, which requires approximately two weeks of medical treatment by occupational negligence as above.
2. On October 7, 2010, the Defendant issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act at the Incheon District Court, and a summary order of KRW 3 million for the same crime at the same court on June 1, 2012.
The Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, operated a BM3 car under the influence of alcohol of 0.189% at the date and time set forth in paragraph (1) of this Article, and proceeded with approximately 1 km section from the Do in front of the Seo-gu Incheon Seo-gu Yongnam-dong Madong Hospital to the front road of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual condition survey report;
1. The circumstantial statement of the employee;
1. Inspection of the results of the drinking driving control;