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Defendant shall be punished by imprisonment for a term of one year and four 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
[criminal power] On October 24, 2006, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 500,000 for a violation of the Road Traffic Act (driving) at the Seoul Western District Court, on June 7, 2010, by a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Seoul Western District Court, and on August 16, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Seoul Western District Court.
【Criminal Facts】
1. Around August 19:15, 2020, the Defendant driven the Datoba while under the influence of alcohol leveling 0.129% of alcohol level from the front of Mapo-gu Seoul to the front of Yongsan-gu Seoul, Yongsan-gu, Seoul.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. The defendant is a person who is engaged in driving service of Daotoba in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
On August 5, 2020, the Defendant driven the 0.129% alcohol concentration from the blood alcohol level on August 5, 2020. On August 5, 202, the Defendant driven the 0.129% from the 2-lane E-school basin of Yongsan-gu Seoul, Yongsan-gu, Seoul.
At the time of the defendant's front time, since the victim FF was on the second two-lanes, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident by driving it in advance.
Nevertheless, while under the influence of alcohol, the Defendant was negligent in neglecting it and received the victim in front of the erroneous part of the Defendant’s driving.
As a result, the Defendant driven an Oralba while it is difficult to drive normally due to the influence of drinking, and suffered bodily injury, such as an open wound, which requires two weeks medical treatment, to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of F on the occurrence of a traffic accident;