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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving a motor vehicle B at the lower cost, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
On September 7, 2020, the Defendant driven the said car under the influence of alcohol level of 0.159% during blood transfusion around 20:04, and moved the car to the direction of the ecological park distance at the roadside of the village where he is located at the intersection of Gangdong-gu Seoul Metropolitan Government C, while driving the said car at the influence of alcohol level of 0.159%.
In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in front of the crosswalk so that it does not obstruct or endanger the passage of the pedestrian, and thus, the driver of the motor vehicle has a duty of care to prevent the accident in advance by safely driving the motor vehicle, such as temporarily stopping in front of the crosswalk, so as not to impede the passage of the pedestrian or endanger the safety of the pedestrian.
Nevertheless, under the influence of alcohol, the Defendant did not discover the victim E (the age 46) who crosss the crosswalk at the right-hand side from the Defendant’s right-hand side to the left-hand side while neglecting it as it is, but did not discover the victim E (the age 46). The Defendant was the front-hand part of the above car driving by the Defendant.
As a result, the Defendant driven the said car in a situation where it is difficult to drive the car normally due to influence of drinking, such as in-depth, small distance, walking, etc., thereby causing the injury of the victim, such as the salt, tension, etc. of the 3 weeks of need for medical treatment.
2. The Defendant violated the Road Traffic Act (drinking driving) on the road in the direction of approximately 500 meters from the front day of Gangdong-gu Seoul Metropolitan Government to the front day of the same Gu, a vehicle under the influence of alcohol level of about 0.159% while under the influence of alcohol level of 0.159%.
Summary of Evidence
1. The defendant's legal statement E;