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A defendant shall be punished by imprisonment for a term of one year and two 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
1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).
On March 26, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.093% of alcohol level around 17:30 on March 26, 2020, and led the Defendant to drive the above vehicle at a non-speed speed of the four-lane between the four-lanes in the direction of the flow of the front side of Gwangju Seo-gu at the river basin.
In this case, a driver of a motor vehicle has a duty of care to accurately operate the steering direction, brakes and other devices of the motor vehicle without drinking, and to report the traffic situation well and to prevent accidents in advance by driving the motor vehicle safely.
Nevertheless, under the influence of alcohol, the Defendant, while driving a vehicle in front of the driving direction of the Defendant, led the victim D(W, 56 years old), who was waiting in the front of the Defendant’s driving vehicle, to drive the vehicle in front of the Defendant’s driving vehicle, and continued to drive the vehicle in front of the Defendant’s driving vehicle due to the shock, after driving the vehicle in front of the Defendant’s driving vehicle in front of the Defendant’s driving vehicle.
The Defendant suffered, by such occupational negligence, around two weeks from the victim D’s base base and tension in need of treatment, and around two weeks from the victim F’s base of treatment.
2. On May 28, 2007, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act by the Gwangju District Court.
At around 17:30 on March 26, 2020, the Defendant driven B 2 freight vehicles at approximately 15km from the Haju-si road to the front side of Seo-gu, Gwangju-si, while under the influence of alcohol of 0.093% of blood alcohol concentration.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of D and F;
1. A traffic accident;