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A defendant shall be punished by imprisonment for not less than one year and six months.
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
[criminal power] On September 11, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court on September 1, 2007; on March 20, 2012, the Defendant was sentenced to a fine of KRW 2 million for the same crime in the same court on March 20, 2012; and on February 2, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime in the same court.
【Criminal Facts】
The defendant is a person who is engaged in driving a low-speed car B.
On August 6, 2019, the Defendant driven the said car while under the influence of alcohol 0.156% ( blood collection numerical value) around 23:30 on August 6, 2019, and turned the four-lanes of the four-lane road in front of Gwangju Nam-gu Seoul, and continued bypassing it to the right intersection.
Since there is a private road crossing, the driver has a duty of care to prevent the accident in advance by driving the vehicle, if there is another vehicle coming from the straight speed through the intersection by reducing the speed in advance and by properly examining the right and the right of the road.
Nevertheless, the Defendant was negligent and negligent in neglecting it while driving a motor vehicle, and the part on the front side of the victim E(54 years old) driving, who was directly engaged in according to the vehicle driving signals, was placed in front of the Defendant’s driving vehicle.
Ultimately, the Defendant, by occupational negligence, sustained injury to the victim’s base and tension in need of medical treatment for three weeks, and at the same time, escaped without any necessary measures, such as immediately stopping the said benz car to the extent that it damages the repair cost of KRW 8,906,751, and then providing relief to the victim. Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and G;
1. The actual condition survey report;
1. The circumstantial statement of the employee will be made; and