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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On December 24, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a crime of violating road traffic laws at the Dong-gu Seoul District Court, and a summary order of KRW 2,00,000 as a fine for the same crime from the Jung-gu District Court Goyang Branch on January 28, 201.
【Criminal facts】 The Defendant is a person engaging in driving business of Eranchis vehicles.
On January 8, 2018, the Defendant driven the said car under the influence of alcohol level of 0.157% in the blood, on the front of the shooting distance at the entrance of the F of Il-gu, U.S. at the time of ancient cities around 20:55.
In such cases, a person engaged in driving service has a duty of care to drive in good faith.
Nevertheless, the Defendant neglected this and driven a victim G (V, 52 years old) who driven a motor vehicle in the same lane or section above the same lane by negligence while driving the motor vehicle while normal driving is difficult due to the influence of alcohol as above.
H The part behind the SP car was shocked by the front part of the Defendant vehicle.
After all, the Defendant, who had been punished for drinking driving two or more times, driven a motor vehicle in a state where normal driving is difficult under the influence of alcohol, and suffered from an injury of the conical salt that requires approximately two weeks of medical treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. G statements;
1. A traffic accident report;
1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving
1. A medical certificate;
1. An accident scene photograph;
1. Previous convictions in the judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the same type of judgment) (the defendant and his defense counsel have not been in difficult condition to drive normally due to influence of drinking;
One of the arguments is that the following circumstances recognized by the above evidence, i.e., the investigation report prepared on the day of the accident (the main driver's report).