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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 October 17, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Gangseo branch court of the Chuncheon District Court on October 17, 2014, and the same court on December 3, 2015 issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving).
【Criminal Facts】
1. On September 4, 2016, from around 14:00 to around 15:15, the Defendant driven a DNA QT motor bicycle without obtaining a driver’s license from the direction of the Defendant’s house located in Gangnam-si, via the Gangseo-si 155-ro 6, Gangnam-si, Gangnam-si, Yneung-si, 10km-ro 2996.
2. A person who violated the Road Traffic Act (driving) at least twice the provision on prohibition of driving under the influence of alcohol, and the Defendant driven a D QT motor bicycle under the influence of alcohol concentration of approximately 0.181% at a section of about 1km from around the parking lot of the Gangseo-gu Seoul Metropolitan City to the road in front of the shooting distance of the oil station in Gangwon-si, which is located in the vicinity of the said paragraph (1) at the time specified in the said paragraph (1).
3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from DD Driving) is a person engaging in driving a D QT motorcycle.
On September 4, 2016, at around 15:15, the Defendant, while under the influence of alcohol, driven the said motor vehicle while having difficulty in driving normally, led to the fluenced 2996 evis-ro, Gangseo-si, to the direction from the direction of the eluculation.
Since there is an intersection where a signal, etc. is installed, there was a duty of care to prevent accidents in advance by driving safely according to the traffic signal to a person engaged in driving service.
Nevertheless, the defendant neglected to do so under the influence of alcohol and entered the intersection with red signal in violation of the signal.