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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【Criminal Records】
1. The Defendant has been subject to a summary order of KRW 2,50,000,00 as a fine for a crime of violating the Road Traffic Act at a high-level district court on August 19, 201, and ② on April 17, 2015, the same court issued a summary order of KRW 7,00,000 as a fine for a crime of violating the Road Traffic Act in the case of a violation of the Road Traffic Act.
2. Before the latter part of Article 37 of the Criminal Act, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act (refluence of alcohol measurement) in the Goyang Branch of the District Court on February 12, 2016, and the decision was finalized on July 1, 2016, by a two-year suspension of execution on July 1, 2016.
[Criminal facts] The Defendant is a person who is engaged in driving of Cwing and C Freighting Vehicle.
1. On January 23, 2016, the Defendant: (a) was under the influence of alcohol concentration of 0.145% in blood without a driver’s license; (b) the Defendant was driving the said cargo at approximately 3km from the road near the Southern Apartment apartment located in Eunpyeong-gu Seoul, Seoul, to the road front of the restaurant located in Goyangyang-gu, Goyang-gu; and (c) the Defendant was under the influence of alcohol concentration of 0.145% in blood without a driver’s license.
2. On January 23, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driving of the above cargo vehicle at around 16:40, and led the two-lanes of the two-lanes along which the front signal is installed in front of the said E cafeteria to the direction of the string distance from the west edge.
In that case, the driver of the vehicle had a duty of care to safely drive the vehicle, such as driving under the front section and the left section, while stopping under the new code, and driving under the normal signals.
Nevertheless, the Defendant neglected this and committed a violation of the signal while under the influence of alcohol as above, and thereby, committed a negligence on the part of the victim F (62 Do) who was on the opposite mathal-on-on-line, and driven by Gpoter-on-on-on-on-line.