Text
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 Power] On March 26, 2018, the Defendant received a summary order of a fine of KRW 4 million from the Busan District Court due to a violation of the Road Traffic Act.
【Criminal Facts】
1. Around 10:11, 2020, the Defendant driven a dial vehicle with a blood alcohol concentration of about 0.213% while under the influence of alcohol at a section of about 6km from the vicinity of the Dong-gu Busan to the front of the Busan Jin-gu C.
2. On June 27, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving three lanes on the five-lane road near Busan Seo-gu Busan Metropolitan City, which is under the influence of alcohol concentration of 0.213%, led the Defendant to drive the said high-priced motor vehicle in the direction of the open subway station in the front subway station.
In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to safely drive the steering gear and brakes by accurately manipulating the steering gear and brakes.
Nevertheless, the Defendant neglected to do so, while driving under the influence of alcohol, and was driven by the victim E (Nam, 61 years old) who was driving in the same direction as the Defendant, and was driven by the victim E (Nam, 61 years old) behind the left side of the Fmobing car, and received the front left part of the vehicle where the Defendant drives.
After all, the Defendant suffered from the victim G (V, 59 years of age) who was on board the victim E and the above damaged vehicle due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking, for about two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report (1) (2) to E on the police statement, a report on detection (2) and a report on detection, inquiry into the results of the drinking driving control, a field photograph of an accident, and a medical certificate for each diagnosis;
1. A previous conviction in judgment: