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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
[criminal history] On December 13, 2018, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor due to a violation of road traffic law at the Gwangju District Court on December 13, 2018, and the said judgment became final and conclusive on December 21, 2018.
[Criminal facts]
1. The Defendant is a person engaging in driving a XF car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).
On August 2, 2020, the Defendant driven the said car while under the influence of alcohol level of 0.207% among blood transfusion around 05:50 on August 2, 2020, and applied the left turn to the right or right turn from the direction of the E high school in Gwangju Seo-gu.
In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the traffic situation on the front time and by accurately manipulating the steering gear, brakes, etc.
Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to do so, and the left part of the Gbera cruise car driven by the Victim F(67) is left part of the front part of the passenger car.
Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks.
2. Around 05:50 on August 2, 2020, the Defendant: (a) driven a B-H car in the state of alcohol alcohol concentration of approximately 0.207% from the 3km section from the south-gu Seoul metropolitan area to the front distance intersection of Gwangju Seo-gu, Seo-gu; (b) around 05:50 on August 2, 2020.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement prepared by the F;
1. Statement on the circumstances of the driver in charge of the actual condition survey; and
1. A medical certificate;
1. Previous convictions in judgment: Application of investigation reports (verification of the same type of force and attachment of the relevant written judgments);
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;