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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 5, 2006, the Defendant issued a summary order of KRW 2 million at the Jeonju District Court for the violation of the Road Traffic Act and the violation of the Road Traffic Act (free license). On March 29, 2007, the Jeonju District Court issued a summary order of KRW 3 million for the violation of the Road Traffic Act and the violation of the Road Traffic Act (free license).
Nevertheless, at around 20:30 on March 1, 2020, the Defendant driven a new XG car while under the influence of alcohol with approximately 3km alcohol concentration of about 0.134% from the 3km section to the front of the D convenience store located in the Danju-gun, Jeonju-gun.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a motor vehicle of E New Franchise XG.
On March 1, 2020, the Defendant driven the said car under the influence of alcohol of 0.134% on blood alcohol level around 20:30, while driving the said car, and led the two-lane of the two-lane road in front of the D convenience point in the Jeonnju-gun, Jeonn-gun, to proceed with the said two-lane of the two-lane road under the influence of alcohol level.
At the time, there are nights and places where other vehicles are operated, so in such a case, the driver of the vehicle has a duty of care to take into account the traffic situation of the front left left and right right, to accurately manipulate the steering gear and brake system, to prevent the accident from occurring.
Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in not operating the steering gear and brakes accurately, and was under the influence of the Defendant’s driving in the same direction on the right side of the car above the Defendant’s driving, with the part above the right side of the Defendant’s driving of the Victim G(Y, 51 years old) driving.
(1).