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Defendant shall be punished by imprisonment with prison labor of one year and four months and a fine of one hundred and fifty thousand won.
However, the above imprisonment for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On January 26, 2007, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】
1. Around July 30, 2019, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) despite the fact that the Defendant violated the prohibition of driving under the said provision, at around 16:20 on July 30, 2019, driven the EIDAS motor bicycle (on the part of 110cc displacement) while under the influence of 0.150% of the blood alcohol concentration without obtaining a driver’s license.
Accordingly, the defendant has violated the prohibition of drinking driving more than twice, and has driven a motorcycle without obtaining a motorcycle driver's license.
2. The Defendant in violation of the Road Traffic Act is a person engaged in driving MFAS motorcycles (on board 110C).
The Defendant driven the above motorcycle on the roads near the wife population C at the time of the temporary border stated in the above paragraph (1) and proceeded with the above road as a four-distance outflow from the four-distance bank of the fluorian conference.
In such cases, a person engaged in driving service has a duty of care to live well on the front side and the right and the right and the right, and to prevent accidents by accurately manipulating the steering gear and the system.
Nevertheless, the Defendant was driven by the Victim F, who was negligent in driving the GMW735i car driving by GMW735i due to negligence while neglecting this, and received the front part of the said motorcycle.
Ultimately, the Defendant destroyed the above BMW735i vehicle operated by the victim due to the above occupational negligence in order to have the repair cost of KRW 1,800,920.
3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of MODAAS motorcycle (the displacement 110C).
Automobiles which are not covered by mandatory insurance shall be on a road.