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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On August 26, 2011, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million due to a violation of the Road Traffic Act, etc. at the Chuncheon District Court on July 12, 201, sentenced to imprisonment with prison labor for the same crime in the same court on July 12, 2012, and two years with prison labor for the same crime, and on May 31, 2017, the same court was sentenced to imprisonment for eight months and two years with prison labor for the same year.
6. 8. The judgment becomes final and conclusive and is still under suspension of execution.
1. Around 14:10 on April 21, 2019, the Defendant driven a ewing-III truck with a blood alcohol content of about 12 km from the front side of the inn part of Pyeongtaek-gun B to the front side of the “D” road located in Pyeongtaek-gun C, the Defendant driven a ewing-III truck with a blood alcohol content of about 0.181% under the influence of alcohol.
As above, the Defendant had already violated Article 44(1) of the Road Traffic Act more than twice, but again driven a cargo vehicle while under the influence of alcohol.
2. A person who is engaged in driving cars Ewing and Ⅲ cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;
On the date stated in paragraph (1), the Defendant driven the above cargo while under the influence of alcohol content 0.181%, and proceeded at a speed that makes it impossible to identify the “D” road in Pyeong-gun C from the snow-proof to the smooth air.
Since there is a place where the center line of yellow-ray is installed, there was a duty of care to prevent accidents by thoroughly driving the motor vehicle driving person in front and safely driving the motor vehicle with the duty of care.
Nevertheless, under the influence of alcohol, the Defendant was driven by the injured Party F(the age of 37) who was going on a vehicle in the opposite opposite lane due to negligence, while neglecting this, and was driven by the injured Party F(the age of 37) as the front part of the said cargo vehicle.
As above, the Defendant is in a situation where normal driving is difficult due to influence of drinking.