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A defendant shall be punished by imprisonment for one year.
except that 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
1. On October 26, 2016, the Defendant was issued a summary order of KRW 5 million by the Seoul Western District Court as a crime of violating the Road Traffic Act.
On November 14, 2019, at around 03:46, the Defendant driven a DNA motor vehicle while under the influence of alcohol with approximately 1.7 km alcohol concentration of about 0.146% from the front of Mapo-gu Seoul to the front of Yongsan-gu Seoul Metropolitan City.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. On November 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the Track motor vehicle described in paragraph (1) while under the influence of alcohol by 0.146% of blood alcohol level in front Yongsan-gu Seoul, Yongsan-gu, Seoul, along the one-lane distance from the public morals.
In such a case, the driver of a motor vehicle had a duty of care to safely drive the brake system by properly manipulating the brake system in accordance with the new code, as well as to not drive the motor vehicle in a state where normal driving is difficult due to influence of drinking.
Nevertheless, under the influence of alcohol, the Defendant was driven by the victim E (the 60-year-old) who was in the same line above the same lane due to negligence by failing to operate the brake system properly while neglecting this, and was driven by the Defendant, following the Fstnael taxi, which was driven by the Defendant.
As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer bodily injury, such as salt, tension, etc. in need of medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Each traffic accident report;
1. A written report from an employee of an employer;
1. A medical certificate;
1. Previous convictions as indicated in the judgment: Criminal records and investigation reports (Confirmation of the same attached records);