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A defendant shall be punished by imprisonment for not less than one year and six months.
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
The defendant is a person who is engaged in driving of freight vehicles B1 ton.
On July 2, 2016, at around 09:10, the Defendant driven the above cargo while under the influence of alcohol of 0.237% without obtaining a driver’s license on blood alcohol level, and continued to run approximately 30 km in the direction of visible distance in the direction of sublim elementary school at the 1-lane of Seongdong high school in Dobong-gu Seoul Metropolitan Government on the one-lane road of 45-ro 26, Dobong-gu Seoul Metropolitan Government.
Since there is a place that is designated as a child protection zone, there was a duty of care to prevent accidents in advance by properly manipulating the brake system in the first place.
Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and caused the rear panion of the Drona vehicle driven by the victim C (year 62) who was in the same direction, in front of the Defendant’s vehicle, to be the front panion part of the Defendant’s vehicle, and due to the shock, the Defendant got the back panion part of the F vehicle driven by the victim E (age 66) who was in the signal signal while in front of the same direction.
Ultimately, the Defendant driven the above cargo vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim C, such as climatic salt, which requires treatment for about two weeks, and climatic salt, tension, etc. requiring treatment for about three weeks to the victim E.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of C and E;
1. The actual condition survey report;
1. Records of drinking alcohol, records of drinking drivers, reports on internal investigation (cases concerning the application of the dial mark), and registers of driver's licenses;
1. Application of Acts and subordinate statutes of each written diagnosis;
1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the crime.