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A 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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On May 25, 2017, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on May 25, 2017. On October 23, 2017, the Defendant was issued a summary order of KRW 4 million for the same crime from the Sungnam Branch of Suwon District Court on October 23, 2017.
【Criminal Facts】
1. Around 06:00 on December 9, 2018, the Defendant was driving a DNA cruise car without obtaining a driver’s license under the influence of alcohol concentration of 0.082% on the front side of C in Mapo-gu Seoul, Mapo-gu, Seoul.
Accordingly, the defendant, who violated the Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle without obtaining a driver's license in the state of drinking again.
2. The Defendant in violation of the Road Traffic Act is a person who is engaged in the operation of a DNA cruise car.
At around 06:00 on December 9, 2018, the Defendant parked on the front road located in Mapo-gu Seoul, Mapo-gu, Seoul to drive and proceed with the cruise car.
At the same time, the victim E rocketing car was parked in front of the cruise car, and thus, the driver of the vehicle has a duty of care to drive the vehicle with due care not to shock other vehicles.
Nevertheless, the Defendant neglected to do so and proceeded with the last part of the pertinent cruise car with the top part of the said cruise car.
Ultimately, the Defendant, by occupational negligence, destroyed the repair cost of KRW 502,676, such as repair of the above rocketing car after the driver’s repair.
Summary of Evidence
1. Partial statement of the defendant;
1. Recording notes of each of the examinations of witnesses G and H;
1. Each statement of G and H;
1. Control note, traffic accident report (on-site investigation report), traffic accident occurrence report, inquiry into the results of the drinking driving control, notification of the results of the drinking driving control, estimates, photographs at the scene of the accident, and ctv photographs 1.