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Defendant shall be punished by imprisonment for a term of one year and two 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. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).
On May 15, 2020, the Defendant driven the above cargo while under the influence of alcohol of 0.074% with blood alcohol level around 15:35, and proceeded along the two-lanes of the two-lanes from Daejeon to the opposite side of the outer sand distance at the time of Ysansan.
In this case, the driver has a duty of care to prevent accidents by accurately manipulating the steering system, brakes, and other devices of the vehicle, and to prevent the accident.
Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding, and the part behind the DM3 car driven by the victim C (V, 38 years old) who was in the atmosphere of the signal at the front of the same direction, was handed down as the front part of the Defendant’s vehicle.
Ultimately, the Defendant suffered injury to the victim E (ma, 41 years of age), victim F (ma, South and 8 years of age) who is the passenger of the above victim and the damaged vehicle due to the foregoing occupational negligence, respectively, for approximately two weeks of treatment.
2. On December 15, 2010, the Defendant was given a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Daejeon District Court’s Seosan Branch on December 15, 201.
On May 15, 2020, the Defendant driven B Poter Ⅱ while under the influence of alcohol with approximately 0.074% of alcohol level from the 5km to the place described in paragraph (1) at the direction from the front road in Seosan-si to the place indicated in paragraph (1).
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Protocol C of the defendant's legal statement C;
1. The actual condition survey report;
1. An accident site photograph;
1. Making a report on the control of drinking driving;
1. The circumstantial statement of the employee;
1. An inquiry report, such as a criminal record, etc.;
1. The same kind of reports on investigation;