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A defendant shall be punished by imprisonment for two years.
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
1. On December 30, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by Dangerous Driving) caused the victim to suffer from an injury to the victim E (73 years old) in the front part of the said rocketing taxi at a speed of 0.122%, while driving a B rocketing car under the influence of alcohol leveling 0.12% on a normal condition that it is difficult to drive, and giving signals at one-lane of the two-lane road in Gangwon-si, Gangwon-si, the Defendant: (a) neglected his duty of care to prevent traffic accidents; (b) neglected his duty of care to prevent traffic accidents; and (c) caused the victim to suffer from the injury of the victim E (73 years old-old taxi); (d) caused the victim to take the front part of the said rocketing taxi at a speed of about 2 weeks in the front part of the said rocketing-si; and (e) caused the victim to suffer from an injury to the victim during the pertinent one-time zone in need of the said G 1 week.
2. On November 16, 2017, the Defendant had been sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on the grounds of a violation of the Road Traffic Act (driving). However, around 23:40 on December 30, 2019, the Defendant driven the said rocketing or other car at approximately 150 meters while under the influence of alcohol at approximately 0.122% during the influence of alcohol from the J located in Gangnam-si I to D located in Gangnam-si C.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Report on the actual condition, report on the circumstantial statement of a drinking driver, and report on the control of drinking driving;
1. Investigation report (to hear victim H telephone statement);
1. Each written diagnosis;
1. On-site photographs;
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports;
1. The former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) concerning criminal facts.