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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On July 20, 2016, the Defendant was issued a summary order of KRW 1,000,000 by the Seoul Northern District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 4,000,000 by this Court for the same crime on July 31, 2017.
【Criminal Facts】
1. The defendant is a person engaged in driving a second motorcycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
On February 25, 2020, the Defendant driven the above motorcycle while under the influence of alcohol about 0.116% of blood alcohol level around 16:47, and 4 from the intersection to the dump level, the Defendant driven the above motorcycle at the speed of 0.16%.
Since there is a place of a crosswalk, in such a case, there was a duty of care to prevent accidents in advance by reducing speed to those engaged in driving of a motorcycle and driving safely by checking well the front side and surrounding areas.
Nevertheless, while the Defendant neglected this and was unable to drive normally due to influence of drinking, the Defendant: (a) went beyond the road to find and speed up the victim E (n, 49 years of age) crossing the road on the front side of the above motorcycle; (b) brought the victim into the said motorcycle.
As a result, the Defendant caused the injury to the victim, by negligence, such as the escape of the dog chain that requires treatment for about 8 weeks, while driving the above motorcycle in a state where normal driving of the motorcycle is difficult.
2. On February 25, 2020, the Defendant driven the above motorcycle while under the influence of alcohol of about 0.116% of alcohol concentration at the 2km section from the Do near the Seoul-gu Seoul Metropolitan Government to the road near the same Gu C around February 16, 202.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report (1) (2).