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A defendant shall be punished by imprisonment for one year.
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
[Criminal Power] On July 18, 2017, the Defendant issued a summary order of a fine of three million won at the Ulsan District Court for a violation of the Road Traffic Act (driving) and such summary order became final and conclusive on September 2, 2017.
【Criminal Facts】
The defendant is a person who is engaged in driving a B-to-pur motor vehicle.
1. On September 12, 2019, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is driving the above vehicle on September 3, 2019 and proceeding five-lane inside the luxane in Ulsan-gu, Ulsan-gu.
The course has changed to a four-lane.
In such cases, a person engaged in driving of a motor vehicle is likely to impede normal traffic of other motor vehicles running in the direction of changing, he/she shall not change course, and he/she has a duty of care to prevent accidents by safely changing the lanes by operating direction, etc. in advance.
Nevertheless, the defendant neglected this and has changed the lane while driving under the influence of alcohol.
The right side part of the victim C(n, 40 years old) driving with four lanes in the same direction was received as the front part of the Defendant vehicle.
As a result, the Defendant suffered injury to the victim C and the victim E (V, 66 years old), each of whom requires approximately two weeks of treatment, such as salt, tension, etc.
2. The Defendant violated the Road Traffic Act (driving) driving a vehicle at a level of about 400 meters from the road near the Nam-gu Seoul Metropolitan City F market to G while under the influence of alcohol of about 0.090% of blood alcohol concentration, as stated in paragraph (1).
Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. The actual survey report, on-site photographs, and each diagnosis report;
1. The report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver (the previous record on the market).