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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On May 29, 2014, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.
1. Violation of the Road Traffic Act (AF) is a person who is engaged in driving of B New Zealand XD motor vehicles. On November 28, 2019, the Defendant driven the said motor vehicle at issue on November 28, 2019, and led D ahead of the road in 100:089% of the blood alcohol concentration while under the influence of alcohol by driving the said motor vehicle at issue on November 28, 201.
On the right side of the road, since the F K7 car of the victim E was stopped, there was a duty of care to properly operate the steering and steering system as a person engaged in driving the vehicle.
However, the Defendant was unable to properly operate the steering direction and operation system under the influence of alcohol without neglecting the above duty of care and received the part behind the left side of the victim's passenger vehicle and the front side of the Defendant's passenger vehicle.
The Defendant, by such occupational negligence, destroyed the victim’s car to be in KRW 2,755,850 of the repair cost, but did not immediately stop and take necessary measures, and escaped without taking necessary measures.
2. The Defendant driven a XD car under the influence of alcohol level of 0.089% at the time and place specified in paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Notification of the control of drinking driving;
1. Written estimate;
1. Investigation report on the actual condition of traffic accidents (1) (2) and on-site photographs, and 112 Report Report List;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect), application of Acts and subordinate statutes governing a summary order;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after accidents), and the choice of imprisonment with prison labor.