Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 26, 2008, the Defendant received a summary order of KRW 1,500,000,000 as a crime of violating the Road Traffic Act in the support of the Daejeon District Court on September 26, 200, and is engaged in driving of B-low automobiles.
On March 24, 2020, at around 16:35, the Defendant driven the said car with a blood alcohol concentration of 0.146% 0.1,00, and was negligent in the course of driving the car in front of the third class C with a view to keeping the front door and operating the steering and steering system properly while driving the car from the third class bank to the tent, and received the rear part of the EMWR 1200 Rabba in driving of the victim D (Nam, 32 years old) prior to the operation of the steering system.
As a result, the Defendant violated Article 44(1) of the Road Traffic Act twice, and operated the said car in a state where it is difficult to drive it normally due to influence of drinking such as driving, such as driving the horse with a strong distance, walking, etc., and suffered injury, such as a chest spine, which requires medical treatment for about 12 weeks to the victim due to the said accident.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. A traffic accident report, a report on the occurrence of a traffic accident, a report on internal investigation (victim F telephone conversations, a video data for the measurement of a suspected person's drinking), a criminal investigation report (victim submitted to the victim's video data, a report on the situation of a drinking driver), a report on the results of the control of drinking driving, and an inquiry into the results of the fact;
1. A certificate of examination on the register of car cars, mandatory insurance, and car driving licenses;
1. On-site photographs, CDs, blackbox images, and CDs;
1. A medical certificate;
1. Previous convictions indicated in judgment: Criminal records, previous records and reports on the results of disposition, and application of summary order Acts and subordinate statutes;
1. The fact that the crime was caused by a professional risk driving with the pertinent Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020 and enforced May 5, 2020; hereinafter the same shall apply) for which the choice of punishment was made;