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A defendant shall be punished by imprisonment for one year.
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. The Defendant is a person engaging in driving a passenger car B, low-priced car.
On April 23, 2019, at around 22:35, the Defendant was under the influence of alcohol with 0.058% of blood alcohol concentration, and the Defendant continued to drive the three-lanes of the victim C(44 years old) driving ahead of the three-lanes of 158 KK located in the south Sea Highway, Busan, Busan, and the same direction.
In such cases, the driver has a duty of care to view the front door properly and to maintain the safety distance with the preceding vehicle and to prevent accidents in advance by accurately manipulating the steering gear and brakes.
Nevertheless, the Defendant neglected to perform the above duty of care and took part of the part of the victim's truck driver's vehicle in front of the Defendant's vehicle driving.
Ultimately, the Defendant, by negligence in the course of performing the same duties, sustained injury to the victim, such as salvinal salt, which requires treatment for about two weeks, but failed to immediately stop and take necessary measures, such as providing relief to the victim.
2. On the same day as the above paragraph 1 above, the Defendant driven the said car while under the influence of alcohol with a blood alcohol concentration of about 0.058% at approximately 8 KK at the section of approximately 8 KK located in the Southern-si, Busan-do, Busan-do, Busan-do, 163 KK located in the Busan-do, Busan-do.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. The actual condition survey report;
1. Notification of the results of the drinking driving control, a report on the circumstances of drinking drivers, and a report on the results of the drinking driving control;
1. A medical certificate;
1. Application of the photographic Acts and subordinate statutes;
1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Article 148-2(2)3 and Article 44 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts.