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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
The Defendant is a person engaging in driving a rocketing car.
1. On February 1, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car and proceeded toward the upper and lower-speed car in the direction of viewing the front and the lower-speed car in order to view the said car.
A person engaged in driving business shall not operate a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation on the front side and operating the steering system accurately.
Nevertheless, the Defendant neglected to perform such duty of care while under the influence of alcohol concentration of 0.110% and neglected to do so, and found that the Defendant was late behind the suspension of the Victim D(35 years old) E SPP car that was driven prior to the same direction, and did not avoid it, and caused the Defendant’s failure to avoid it, with the top part of the said Victim’s driver’s vehicle in front of the said sPP car.
Ultimately, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about four weeks due to such occupational negligence.
2. On August 5, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Incheon District Court, and on June 29, 2012, the Defendant was sentenced to a fine of three million won for the same crime in the Suwon District Court’s Ansan Branch, and on June 29, 2012, operated the said rocketing car at the section of approximately 2 km from the shooting distance of the office of education in Seocheon-gu, Nowon-gu, Seoul Special Metropolitan City to the road of about 535-9 of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D, F, and G;
1. The actual condition survey report;