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A defendant shall be punished by imprisonment for one year.
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. The Defendant is a person engaging in driving service of the BNAS car.
On September 18, 2020, the Defendant driven the said car while under the influence of alcohol 0.126% of blood alcohol concentration on September 18, 2020, and led the said car to proceed along the intersection of the front distance in Gwangju Mine-gu C along the two-lanes in the direction of F school from E school level to F school.
At the time, the Defendant, prior to the same direction, had a duty of care to keep the safety distance available to avoid when the said vehicle stops in accordance with the new subparagraph, on the ground that the Defendant was behind the Victim G’s Hene car driven in the same direction, and thus, the Defendant had a duty of care to keep the driver from driving service.
Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving the vehicle in front of the victim's vehicle in front of that vehicle and received the part behind the victim's vehicle in front of that vehicle.
Ultimately, the Defendant, by occupational negligence, destroyed the car owned by the victim to be equivalent to KRW 446,148 of the repair cost, and escaped without taking any measure.
2. On December 24, 2013, the Defendant was issued a summary order of KRW 5 million by the Gwangju District Court for the violation of the Road Traffic Act.
On September 18:11, 2020, the Defendant driven a BNS car from the first road of the Gwangju Mine-gu to the road of the KGG-gu J of the Gwangju Mine-gu to the next road of the KGG-gu.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. Traffic accident report, report on the circumstances of a drinking driver, and notification of the results of the control of drinking driving;
1. Written estimate of repair costs;
1. On-site photographs;