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A defendant shall be punished by imprisonment for a term of one year and two months.
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
[criminal power] On January 8, 2007, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) at the Gwangju District Court on April 23, 2010, a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) and a fine of KRW 5 million in the same court on June 18, 2013, respectively.
【Criminal Facts】
1. The Defendant is a person engaged in driving a vehicle BMW 520 d.
On March 3, 2020, at around 00:23, the Defendant driven the said car while under the influence of alcohol of 0.13%, and neglected to perform the duty of e-mail in front of Gwangju Mine-gu C while driving the said car on the front side road of Gwangju Mine-gu as the ordinary course of business, and did not accurately operate the operation and steering gear, the Defendant conflicts with the part of the victim D owned by the victim D, which was parked on the right side of the Defendant’s running direction.
Although the Defendant: (a) destroyed a damaged vehicle by causing a traffic accident to spread off the damaged vehicle to the road; (b) destroyed the damaged vehicle’s body amounting to KRW 3,106,279, the Defendant immediately stopped the damaged vehicle and escaped without taking necessary measures, such as providing relief to the victim.
2. On March 3, 2020, the Defendant driven the said BM car under the influence of alcohol by 0.133% from the section of approximately 8km to the 0.13% alcohol concentration from the 8km-gu, Gwangju, Seo-gu, Seo-gu, Seo-gu, Gwangju, to the fudio-gu Fudio.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements prepared in D;
1. The actual condition survey report;
1. The circumstantial statement of the employee;
1. Detailed statement of automobile inspection and maintenance;
1. Previous convictions in judgment: criminal records of the same kind of investigation confirmation;