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A defendant shall be punished by imprisonment for not more than ten 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
1. Around 00:22 on April 19, 2020, the Defendant driven a Fco or a car with a blood alcohol concentration of about 0.143% in a section of about 1km from the road near the C in Kimcheon-si, Kimcheon-si to the E-cafeteria road in the same city D.
2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person driving the said car;
The Defendant, while under the influence of alcohol as above at the same time, driven the said car and proceeded along the E-cafeteria in front of the E-cafeteria in Kimcheon-si D along the two-lanes from the right gate to the right gate of Kimcheon-gu bus terminal.
At the time, there was a duty of care to prevent accidents in advance by securing safety distance to avoid collisions with the vehicle running on the front side of the Defendant vehicle. In such a case, there was a duty of care to prevent accidents in advance by securing the safety distance to avoid collisions with the vehicle driving.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in proceeding in the same direction in the front section of the Defendant’s car, and the rear side of the Victim G (Seoul, 25 years old) driving HT125DF, which was driven in the same direction as that of the Defendant’s car.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury, such as cutting down the right alley, which requires treatment for about seven weeks.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes to report internal investigation (abusing a medical certificate) and investigation report (absenting a result of extraction of EDR);
1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922, Feb. 4, 2020) as to the crime and the provision of the Act on the Aggravated Punishment, etc