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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On January 7, 2011, the Defendant received a summary order of KRW 1.5 million from the Gwangju District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act. On September 7, 2011, the Defendant received a summary order of KRW 1.5 million as a fine of KRW 1.5 million for the same crime.
【Criminal Facts】
1. Around October 17:25, 2019, the Defendant violated the Road Traffic Act ( sound driving) driven a C rocketing car under the influence of alcohol content 0.114% of alcohol content from the roads in front of a cafeteria at the mutual influoral cafeteria-dong, Gyeyang-gu, Gwangju to the roads in front of the cafeteria-dong, Busan to the same Gu.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing car.
On October 7, 2019, at around 17:25, the Defendant driven the said car with a blood alcohol concentration of 0.114%, and led to the two-lanes in front B in Gwangju Northern-gu along the two-lanes from the side of the Yangsan-dong, along the one-lane to the erode-dong.
Since there is a center line of yellow-ray, there was a duty of care to operate safely the person engaged in driving service by accurately operating the operation and steering gear.
Nevertheless, the Defendant neglected this and took part in the front part of the passenger car of the victim D(the age of 52) driving with the opposite two lanes due to the negligence of the center line. The Defendant received the front part of the victim D(the age of 52) driving with the opposite two lanes.
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.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements prepared in D;
1. The actual condition survey report;
1. Investigation Report (as to attachment of medical certificate):
1. The circumstantial statement of the employee;
1. Previous conviction: Application of two-yearly summary order of Acts and subordinate statutes;
1. Relevant Article of the Act on Criminal Facts and Article 148-2 (1) of the Road Traffic Act which choose a sentence;