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A defendant shall be punished by imprisonment for a term of one year and four 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
[Criminal Power] On January 4, 2013, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court for a crime of violation of the Road Traffic Act.
【Criminal Facts】
1. Around 02:15 on August 1, 2020, the Defendant driven C 2 cargo vehicles while under the influence of alcohol content of about 0.250% in the section of about 10 meters at the Gyeyang-gu Incheon Gyeyang-gu B parking lot.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
2. The Defendant in violation of the Road Traffic Act is a person engaged in the driver’s duty of freight vehicles.
At around 02:15 on August 1, 2020, the Defendant driven the foregoing cargo vehicle under the influence of alcohol as described in the foregoing paragraph (1) and was parked in the foregoing vehicle parked in the Gyeyang-gu Incheon Metropolitan City B parking lot, and moved about about 10 meters in order to escape from the parking lot.
A driver of a motor vehicle has a duty of care to prevent accidents by viewing the right and the right and the right and the right of the driver of the motor vehicle and properly manipulating the steering gear.
Nevertheless, the defendant, who was parked in the parking lot due to negligence while neglecting this, received the E-car owned by the victim D.
The Defendant damaged the above vehicle by occupational negligence so that the 1,151,370 won of the repair fee was damaged.
3. A person who possesses an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate an automobile which is not covered by the mandatory insurance;
Nevertheless, the Defendant operated CPoter 2 cargo vehicles without mandatory insurance at the time and place specified in Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Specifications of automobile maintenance (52 pages of evidence);
1. Previouss before ruling: Criminal records and criminal investigation reports;