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1. The defendant shall be punished by imprisonment for a period of one year and four months;
However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 28, 2007, the Defendant received a summary order of KRW 700,000,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, and on April 15, 2008, a fine of KRW 1.5 million due to a violation of the Road Traffic Act, at the same court on April 15, 2008.
피고인은 2016. 11. 15. 18:55 경 자동차 운전면허를 받지 아니하고, 혈 중 알콜 농도 0.074% 의 술에 취한 상태로, 세종시 B에서부터 대전 대덕구 신탄 진로 210번 길 170 천변도시고 속화도로까지 약 29km 구간에서 C 포터∥ 화물 차를 운전하였다.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice without a driver's license, was driving a motor vehicle under the influence of alcohol again.
2. 특정범죄 가중처벌 등에 관한 법률위반 (도 주치 상), 도로 교통법위반( 사고 후미조치) 피고인은 C 포터∥ 화물 차를 운전하는 업무에 종사하는 사람이다.
On November 15, 2016, the Defendant, while under the influence of alcohol content of 0.074% during blood transfusion 18:55 on November 15, 2016, driving the said cargo, and led to the flow of the said cargo at a speed of about 90 km in Si/Gun/Gu according to one way among the three-lanes in the mountain basin where the 170-lane 210, Seo-gu, Daejeon Special Metropolitan City is located in the new coalproof area.
At the time, the vehicle was fixed at the front of the vehicle, so in such a case, the driver of the vehicle had a duty of care to see the front door well and to prevent the accident by accurately manipulating the steering gear and the steering gear.
Nevertheless, due to the negligence of neglecting it under the influence of alcohol while neglecting it, the defendant neglected to stop in the front of the road and proceeded as it is, the part behind the left-hand car of the victim D ( South, 38 years old) who temporarily stops in the front of the direction of the defendant's proceeding as the front part of the cargo of the defendant's driver's vehicle.