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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 4, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on October 30, 2007.
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B rocketing car.
On February 28, 2019, at around 00:58, the Defendant driven the said car under the influence of alcohol level of 0.114%, and led to the entrance of the auction site at the Guri-si C market at about 20km.
Since there is a lot of passage for pedestrians at the entrance of the auction place for agricultural and fishery markets without distinction between delivery and vehicular road, there was a duty of care for those who are engaged in driving of motor vehicles to live well, and to operate the brake system safely by timely operation.
Nevertheless, the defendant neglected to drive under the influence of alcohol and did not find out the victim D (77 years old) who was at the entrance of the auction site, without properly finding out the victim D (7 years old).
As a result, the Defendant suffered injury, such as the deprivation of flaging of flags, in a situation where normal driving is difficult due to the influence of drinking, which requires approximately 12 weeks of medical treatment due to such occupational negligence.
2. The Defendant violated the Road Traffic Act (driving) driving a B rocketing car with the blood alcohol concentration of 0.114% under the influence of alcohol at the time and place specified in the said Paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual condition survey report;
1. Report on the statement of the situation of a drinking driver, and written report on the control of drinking driving;
1. A medical certificate;
1. An accident site photograph;
1. Previous convictions: The results of inquiry and the application of Acts and subordinate statutes of a summary order;
1. Criminal facts;