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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. On May 2, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violating the Road Traffic Act.
On June 18, 2019, at around 13:50 on June 13:50, the Defendant driven a motor bicycle in F B with a alcohol level of about 300 meters from the later side of the C Elementary School located in Gyeonggi-si B to the remote road of the E Hospital located in D in the same city, with a blood alcohol level of about 0.069%.
Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.
2. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving a F large-sized motor bicycle (F-sized 49CC).
At around 13:50 on June 18, 2019, the Defendant driven and driven the instant motorcycle from the backside of the C elementary school to G apartment gate.
In this case, the driver of a motor vehicle, etc. has a duty of care to safely drive the motor vehicle in such a way that it does not cause any accident or accident to other motor vehicles passing through the intersection by accurately manipulating the front line and accurately manipulating the steering direction and brake system.
Nevertheless, as described in Paragraph 1, the Defendant neglected to do so and went to the intersection while under the influence of 0.069% of blood alcohol level, and did not avoid the victim of H-H-H-H-H-H-H-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-
Summary of Evidence
1. Defendant's legal statement;
1. The statement of the person involved in the H traffic accident;