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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 engaged in driving a B car in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Dangerous Driving).
On May 13, 2020, the Defendant driven the said car while under the influence of alcohol of 0.090% of blood alcohol level around 23:10 on May 13, 2020, and led to the driving of the said car at about 80 km in the direction of lick intersection in the direction of the intersection between three lanes in front of Pyeongtaek-si C and the three lanes in front of Pyeongtaek-si.
At the same time, vehicles are passing through, so in such a case, the driver of the vehicle has a duty of care to see well the right and the right of the front and the right and the right of the front and to operate the steering system accurately and safely.
Nevertheless, the Defendant’s negligence while driving under normal conditions due to the influence of alcohol, which led to the Defendant’s failure to drive, led to the Defendant’s failure to drive the vehicle at the front of the driving direction of the victim D(the age of 53).
Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc., in need of treatment for about two weeks by occupational negligence.
2. The Defendant, in violation of the Road Traffic Act, driven the said car under the influence of alcohol leveling of about 0.090% from approximately 600 meters to the front road of Pyeongtaek-si at the time specified in paragraph (1) of this Article.
Summary of Evidence
1. Statement of the police concerning D's legal statement of the defendant;
1. Application of Acts and subordinate statutes to photographs on the scene of an accident, such as a survey report on the actual condition of traffic accident, a report on the occurrence of a traffic accident, a report on the circumstantial statement of a drinking driver,
1. The phrase in subparagraph 3 of Article 5-11 (1) of the Act on the Aggravated Punishment of Specific Crimes (the injury caused by dangerous driving) and Article 148-2 (3) 2 of the Road Traffic Act as to the crime is a clerical error in the indictment under subparagraph 2.
§ 44.