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A defendant shall be punished by imprisonment for not less than eight 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
On August 26, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine for a violation of the Road Traffic Act in the same court on October 27, 2009, respectively.
1. The defendant is a person who is engaged in driving of a freight vehicle B in violation of the Aggravated Punishment, etc. of Specific Crimes.
At around 23:20 on September 1, 2015, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.157% 0.157%, and the Defendant was subsequently driving on the front side of the D-U.M. C., in order to deduct the foregoing cargo vehicles that were parked on the front side of the D-U.K..
At the time, it was difficult at night, and there was a possibility that pedestrians could occur in front and rear of a vehicle parked and stopped on the side of the road due to the terminal and marina in the vicinity of the accident site. In such a case, a person engaged in driving of the motor vehicle has a duty of care to prevent accidents in advance by accurately operating steering devices and brakes.
Nevertheless, the Defendant neglected to drive his vehicle in a state where normal driving is difficult due to influence of drinking, and the Defendant did not discover the victim E (the 70-year old age) who was behind the cargo vehicle that the Defendant is driving, and received the part of the victim's bridge with the left rear wheels of the above cargo vehicle.
Ultimately, the Defendant suffered injury to the victim, such as a felone week’s medical treatment due to the foregoing occupational negligence.
2. In order to deduct the above cargo vehicles parked on the above date, at the above place, and on the road, the Defendant was driving, such as moving the above cargo vehicles under the influence of alcohol concentration of 0.157%, while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A traffic accident report;
1. Exemplary drivers;