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A defendant shall be punished by imprisonment for not less than eight months.
except that 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
[criminal power] On December 8, 2008, the defendant issued a summary order of which is sentenced to a fine of five million won by the Seoul Central District Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and the violation of the Road Traffic Act (driving). On March 25, 2009, the same court issued a summary order of which is sentenced to a fine of two million won by the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free Driver). On June 9, 2014, the court issued a summary order of which is sentenced to a fine of eight million won by the same court.
【Criminal Facts】
1. Around 08:08 on September 27, 2015, the Defendant was driving a CMW car with a blood alcohol concentration of 0.142% under the influence of alcohol around September 27, 2015, and the Defendant was driving the CMW car at the 2267 front of the Seoul Seocho-gu, Seocho-gu, Seocho-gu, Seoul.
Since the location has a signal apparatus installed on the front side, in such cases, a person engaged in driving service has a duty of care to reduce speed and drive safely in accordance with the front line.
Nevertheless, the Defendant violated the electric stop signal and was under the influence of alcohol, and was driven by the victim D(55 years old) who was normally left under the same direction due to the negligence of the influence of alcohol, and was driven by the victim D(55 years old) prior to the left-hand side of the motor vehicle of the Defendant.
Ultimately, the Defendant, by occupational negligence, destroyed a vehicle to have an amount equivalent to KRW 2,416,590 of the cost of repairing the damaged vehicle, but did not immediately stop the vehicle and take necessary measures, such as providing relief to the victim.
2. On September 27, 2015, the Defendant is under the influence of alcohol by 0.142% in blood alcohol concentration from the roads near the new railway station located in Gangnam-gu Seoul Metropolitan Government to the roads located in the new railway station located in Gangnam-gu Seoul Metropolitan Government to the 446-9 main road of Dongjak-gu, Seoul.