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A defendant shall be punished by imprisonment for not less than eight 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. On October 29, 2018, the Defendant was under the influence of alcohol of 0.113% on blood alcohol concentration on October 23, 2018. From C restaurant parking lot located in Gangnam-gu Seoul Metropolitan Government, to the road front of the Seocho-gu 1 D Apartment 1, the Defendant driven ENAS car at the section of approximately 2.8 km in Seoul, Seocho-gu, Seoul.
2. The accused is a person engaging in driving service of the ENAS car, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act (Non-accident).
On October 29, 2018, the Defendant, as in paragraph (1), driven the NAS car with a blood alcohol concentration of 0.113% 0.13%, while under the influence of alcohol on October 29, 2018, and proceeded two-lanes of the four-lane road in front of the Seoul Seocho-gu Seoul Metropolitan Government D apartment 1 store (including the exclusive bus lane) from the active service area to the distribution channel.
In such cases, there was a duty of care to prevent accidents in advance by driving a driver of a motor vehicle, considering the traffic conditions of the road and the operational conditions of other motor vehicles, maintaining an appropriate speed and safety distance, and operating the steering gear and brakes accurately and safely.
Nevertheless, the Defendant neglected to perform the above duty of care in a state where normal driving is difficult due to alcohol and neglected to drive on the front bank by negligence while neglecting the above duty of care in the front bank of the Defendant, and did not find out the Gdimullar vehicle of the victim F(F, South, 44 years old) who was standing in the front bank of the traffic signal in the front bank of the Defendant, and received the back part of the given dimuler vehicle as is.
The Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks due to the above occupational negligence, and at the same time, damaged the above DNA vehicles owned by the victim HH in charge of repair costs by approximately KRW 1,233,000.