Text
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. The Defendant is a person who is engaged in driving a motor vehicle B with the highest driver's license in violation of the Act on the Punishment, etc. of Specific Crimes and the Road Traffic Act.
On February 27, 2020, the Defendant driven the above car at around 23:58, and continued D' in front of the road in Jeju at the Jeju City to the middle door from the bank of Jeju to the middle door.
The driver of any motor vehicle has a duty of care to ensure that all drivers of all motor vehicles shall at all times live well in a clear mental state, accurately manipulate the steering gear and brake system, and prevent accidents from occurring.
Nevertheless, the Defendant neglected to do so and received the back portion of the F low-speed car driven by the victim E (31 years of age) who was under the influence of alcohol due to the negligence while under the influence of 0.098% of alcohol level, as the front portion of the Defendant’s car.
As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks due to such occupational negligence, and at the same time, destroyed the victim’s car in the city without any necessary measures such as immediately stopping the vehicle and saving the victim.
2. On January 9, 2020, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) and received a summary order of KRW 2 million from the Jeju District Court as a fine for the violation of the Road Traffic Act.
Although the validity of the driver’s license for a motor vehicle is suspended at the temporary border as stated in the above Paragraph (1), the Defendant driven a B-hand car with the blood alcohol concentration of about 0.098% in the section of about 30 km from the road near the mother-type death distance in Jeju-si to the front road in Seocho-si.
As a result, the Defendant violated the prohibition of drunk driving at least twice even though the validity of a driver's license was suspended.
Summary of Evidence
1. Defendant's legal statement;
1. The police of E.