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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 22, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court on September 22, 2014, and the judgment became final and conclusive on September 29, 2014.
The Defendant is a person engaging in driving a vehicle in CM520.
1. On September 4, 2007, the Defendant was issued a summary order of a fine of two million won or more for a violation of the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act, and on June 13, 2012, the Defendant was issued a summary order of fine of seven million won or more for the same crime at the same court.
Although the Defendant was under the influence of alcohol twice, on August 29, 2014, the Defendant driven the said SM520 car under the influence of alcohol with approximately 0.244% alcohol concentration, without obtaining a driver’s license, from around 00:02 around August 30, 2014 to the Jinyang-dong located in the Busan-dong-dong, Busan-do.
As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice and drives a vehicle under the influence of alcohol again.
2. On August 29, 2014, the Defendant was driving the said SM520 car on the same day and operated the three-lanes of the three-lanes in front of the Busan-gu Busan-gu Busan-do Busan-dong at a speed of about 20km from the Jyang-gu side to the Jyang-si.
A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the front left.
Nevertheless, the defendant neglected this and proceeded by the bypass, and thereby, the victim D (year 44) who had the signal atmosphere at the two-lanes of the right-hand side of the vehicle driving by the victim D(the age of 44).